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

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 ?
As the IRS has said that it will not consider the classification of the property of California domestic partners as community earnings for purposes of income splitting on tax returns, it is arguable that the IRS should not consider the conversion of separate property into community property as a taxable event for that reason as well.
To make this election, the dual resident corporation or separate entity must not be subject to any "mirror" DCL rule adopted by the foreign country.
With VSAN trunking, the three separate site-to-site links can use a single shared connection with a single monthly fee.
The paper towel didn't separate the water from the vinegar, because the vinegar flowed through the paper towel with the water.
Federal regulations may not require sole proprietors to have separate accounts, but they do require accurate documentation.
That meant that a Catholic could send his children to a separate school all right, but every time he paid a hydro bill, he contributed exclusively to the support of non-Catholic education.
To help students understand the constitutional foundation for the Supreme Court's ruling that "separate but equal" public schools are "inherently unequal."
They knew that one or both might die in a surgical attempt to separate them.
A doctor caring for the boys said surgery to separate the Egyptian twins could take even longer, but he hoped both would survive.
A team led by Frank Bremmer of Ruhr University in Bochum, Germany, conducted brain scans on eight adults during three separate experiences.
Each of these types of circuits is traditionally manufactured on separate process technologies in different factories.