separation

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Separation

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.

Cross-references

Divorce.

separation

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)

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

separation

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 ?
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.
Especially against Americans United for Seperation [sic] of Chinch and State.
Was this country not founded under a law of seperation of church and state?
Canadian global aluminum provider and packaging leader Alcan has received a bid from Anglo-Australian miner company Rio Tinted in a move will likely lead to the seperation of its mining and other businesses, which also focus on cosmetic packaging.
The obtained results were statistically evaluated by using the analysis of variance (ANOVA) and Duncan's mean seperation test to find out if there is a relationship between the site index and various physical properties.
Magnetic separation equipment includes grinder plate magnets, hopper magnets, and seperation equipment for recycling, such as magnetic separation pulleys and cross-belt separators.
They have also been unusually open about their private lives and sexuality, the recent seperation the pair have gone through has led to some extreme behaviour from Balance, 'Jhon's struggle with the demons that sometimes control his life was at its most violent in the period after Christmas when the depressions completely took over and Jhon didn't eat for 21 days, surviving on occasional glasses of milk and vodka.
Norman was devastated when Zoe demanded a trial seperation in December.
Although she no longer has nightmares about being back there, the 25-year-old PR executive from near Nantwich in Cheshire does find that she is much closer to her parents as a result of their seperation.
In a manuscript preserved at the Huntington Library, George III writes: "Parliament having to my astonishment come into the ideas of granting Independence a Seperation to North America, has disabled Me from longer defending the just rights of this Kingdom.
Former capital, Istanbul, epitomises this seperation.