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 ?
It must be emphasized that total separation rates developed from merged cps data are not measured rates based on longitudinal data about individuals, but rather, are a composite estimate of movements from occupations based on CPS data from two distinct sources.
Fontaine pointed out that investment interest in the country is already being cooled by talk of separation.
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Vertical separation in a network industry aims to separate the asset/service that cannot sustain competition from an entity running both competitive and un-competitive activities in order to facilitate access to and use of this asset/service by third-party operators.
Overnight, as this story goes, the justices created the wall of separation of between church and state--motivated by their unrelenting hostility toward religion.
Before examining the importance of the separation of church and state in liberal democratic theory, it is necessary to clarify two important presuppositions of that theory.
Nelmor never pursued the patent, leaving John Brown Machines, Sorema in Italy, and others to commercialize combinations of wet washing and density separation in the '80s and early '90s.
Each technique is sensitive to different domain sizes, therefore the temperature at which the phase separation can be observed is different for each technique.
Although O'farrell's paper is only now appearing in a scientific journal, he actually invented and patented this separation technique several years ago.
Chiral Separation Screens for Pharmaceutical Analysis and Purification in an Industrial Laboratory Environment
Many Supreme Court opinions contain eloquent language, but none has equaled Everson for such a cogent definition of what church-state separation means and why it is important.
A study done by Noar, and his collogues, (6) showed that the umbilical cord is a "subject very close to the parents hearts" and can be a source of immense anxiety for parents, with any delay in separation, discharge, odor, or granuloma causing a concern for parents.

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