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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 periodicals archive ?
Thaor said that the Unity state government condemned Gatdet's saying that the South should be looking to embrace peace and harmony ahead of the regions secession after the overwhelming vote for seperation in January.
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Former President Jimmy Carter, one of the Palestinians strongest American advocates, was in the Gaza strip on Tuesday to protest their treament "like animals" as two human rights groups accused Israel of deliberately formalizing a seperation between the Gaza Strip and the West Bank.
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The quotations that Wattles attributes to Bishop William are in fact quotations from Camfield's treatise, which, on the unnumbered page preceding page one, carries an advertisement for a text entitled "An Apology for the Church of England in Point of Seperation from It," published by William Leach in 1679, the work of "the Lord Father in God William Lord Bishop of St.
Extremist/Separatist Groups--Organizations with views that promote seperation or superiority of one group over another based on race, religious beliefs or political ideologies; and
Project Scope The scope of work will include the supply and installation of: * Wellheads * Flare Platforms * Six Accomodation platforms with inter-connecting bridges * 200-250 kilometres of Infield Subsea pipelines * 40KM of Power Cables * Oil / Water seperation units * Injection Pumps * Gas gathering Units * Compression units * Utilities It is expected that the project will be split into five packages.