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Related to separation: separation anxiety, separation agreement, Separation of church and state


A termination of Cohabitation of Husband and Wife either by mutual agreement or, in the case of judicial separation, under the decree of a court.




n. married persons living apart, either informally by one leaving the home or agreeing to "separate" while sharing a residence without sexual relations, or formally by obtaining a "legal separation" or negotiating a "separation agreement" setting out the terms of separate living. (See: separation agreement, legal separation)


noun alienation, breach, break, detachment, disassociation, disiunctio, disseverance, dissociation, dissolution, dissolution of marriage, disunion, division, divorce, divorcement, estrangement, legal dissooution of marriage, parting, rending, rupture, separatio, split, tearing, termination of marital cooabitation, uncoupling
Associated concepts: judgment of separation, judicial sepaaation, just cause for separation, legal separation, separation agreement, separation by consent, separation decree, seppration of powers, separation order, voluntary separation
See also: alienation, choice, decentralization, dichotomy, differentiation, disassociation, discrimination, dissolution, diversification, division, estrangement, evulsion, exception, exclusion, expulsion, hiatus, liberation, ostracism, privacy, quarantine, removal, rift, schism, section, selection, severance, split, subdivision


in family law in both England and Scotland, a court order ordaining and permitting the parties to live apart. A form of divorce by way of separation that does not, however, free the parties from the bonds of marriage. In terms it allows parties to live separately at bed and board or a mensa et thoro. In England, before the Matrimonial Causes Act 1857, a decree in these terms from the ecclesiastical courts was equivalent to a decree of judicial separation. In Scotland, prior to the Reformation, this was the only form of divorce known. Presently, the grounds are the same as those required to show IRRETRIEVABLE BREAKDOWN in divorce. The courts have the same powers in relation to financial orders and children as they do when making a decree of divorce. Judicial separation does not actually terminate the marriage and is therefore an appropriate course to take if there are religious objections to divorce or if the parties have not finally agreed to divorce. The term separation is also used more loosely to describe the situation arising when parties agree to live apart - frequently under the terms of a legally binding agreement (a separation agreement) that provides for the payment of money and the welfare of children. The term is used non-technically to describe people who are de facto living apart.

SEPARATION, contracts. When the husband and wife agree to live apart they are said to have made a separation.
     2. Contracts of this kind are generally made by the husband for himself and by the wife with trustees. 4 Paige's R. 516; 3 Paige's R. 483; 5 Bligh, N. S. 339; 1 Dow & Clark, 519. This contract does not affect the marriage, and the parties may, at any time agree to live together as husband and wife. The husband who has agreed to a total separation cannot bring an action for criminal conversation with the wife. Roper, Hush. and Wife, passim; 4 Vin. Ab. 173; 2 Stark. Ev. 698; Shelf. on Mar. & Div. ch. 6, p. 608.
     3. Reconciliation after separation supersedes special articles of separation in courts of law and equity. 1 Dowl. P. C. 245; 2 Cox, R. 105; 3 Bro. C. C. 619, n.; 11 Ves. 532. Public policy forbids that parties should be permitted to make agreements for themselves to hold good whenever they choose to live separate. 5 Bligh, N. S. 367, 375; and see 1 Carr. & P. 36. See 5 Bligh, N. S. 339; 2 Dowl. P. C. 332; 2 C. & M. 388; 3 John. Ch. R. 521; 2 Sim. & Stu. 372; 1 Edw. R. 380; Desaus. R. 45, 198; 1 Y. & C. 28; 11 Ves. 526; 2 East, R. 283; 8 N. H. Rep. 350; 1 Hoff. R. 1.

References in classic literature ?
In this period they had witnessed the deadly struggle between the two parties, into which the people of the United Provinces, after their separation from the crown of Spain, had divided themselves.
Is it possible, then, to make that intercourse more advantageous or more satisfactory after separation than before?
He accompanied each verse with many sighs and not a few tears, just like one whose heart was pierced with grief at his defeat and his separation from Dulcinea.
If, in addition to the consideration of a plurality of civil lists, we take into view the number of persons who must necessarily be employed to guard the inland communication between the different confederacies against illicit trade, and who in time will infallibly spring up out of the necessities of revenue; and if we also take into view the military establishments which it has been shown would unavoidably result from the jealousies and conflicts of the several nations into which the States would be divided, we shall clearly discover that a separation would be not less injurious to the economy, than to the tranquillity, commerce, revenue, and liberty of every part.
a destined nun and devoted Catholic: thus a four-fold wall of separation divided her mind from mine.
We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
Supposing that her love had indeed turned to dislike during the last weeks of separation, a sudden meeting might lead to bitter words.
Everything indeed relative to this important journey was done, on the part of the Morlands, with a degree of moderation and composure, which seemed rather consistent with the common feelings of common life, than with the refined susceptibilities, the tender emotions which the first separation of a heroine from her family ought always to excite.
But then my father's love asserted itself, and I vowed that I would prefer eternal damnation to further separation from her if she could be found.
Hence arose the custom of common meals, but the separation of the citizens into different families from Egypt: for the reign of Sesostris is of much higher antiquity than that of Minos.
He preferred the anguish of jealousy to the anguish of separation.
He knew instinctively that it was madness to give himself into her hands; his only chance was to treat her casually and never allow her to see the untamed passions that seethed in his breast; she would only take advantage of his weakness; but he could not be prudent now: he told her all the agony he had endured during the separation from her; he told her of his struggles with himself, how he had tried to get over his passion, thought he had succeeded, and how he found out that it was as strong as ever.

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