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Definition

Legal Separation

What is Legal Separation?

Legal Separation is an option to stay married for those who can't live jointly anymore but wouldn't want to discontinue their marriages for whatever reasons. One might want to get a legal separation if:

  • They are religiously opposed to divorce.
  • If they are re-wedded or in a domestic marriage for less than one year, they desire space or time to decide whether to break off the relationship or the marriage.

Understanding Legal Separation

Legal separation occurs when you no longer live with your partner but agreed to particular living situations in writing. If a partner breaches the contract, the arrangement can be enforced in family court.

A legal separation is the equivalent of making your marital relationship on hold. Typically, both spouses relocate to different residences and begin living independent lives. However, a legal separation seems to be more official than just separating. You will need to obtain judicial approval for your decisions and draft a legal separation. This is a separate contract that allocates property, establishes a plan for parenting your children, and ends your financial relationship with your spouse. 

It is critical to understand that a separation agreement does not simply imply running errands you shared with your partner. A separation agreement is required if you would like to separate legally.

Before filing a divorce, you don't have to go through a legal separation. However, the law treats this process very differently -

  1. the allocation of marital assets and obligations and 
  2. the custody plan and childcare family support as well as judicial separation and a relationship breakdown

You and your spouse can remain legally separated for as long as you believe it to be appropriate. If you intend to use the legal separation as the foundation for a broken engagement, you and your partner should have lived apart for a minimum of one year within the separation agreement.

Practical Example

Harry and Nina will submit a request for legal separation, as well as a court will monitor the allocation of marital assets and liabilities, the determination of guardianship and assistance, and the awarding of maintenance, if necessary. If they can compromise on these matters, they may be able to file for a legal separation to the court for approval and incorporation into their detachment judgment.

If a judge orders a legal separation, both Harry nor Nina are permitted to start a family. They must divorce in order to remarry. In several countries, a husband and wife can be legally separated indefinitely; but, in some nations, the judge will impose a time limit on the legal separation. If a timeline is set, Harry and Nina must decide whether to reunite, keep separated, or leave. Either of them might petition for divorce even without others' approval or cooperation.

In Sentences

  • A legal separation is a legal arrangement in which a husband and wife separate their livelihoods, usually by living separately.
  • Financial duties, parental rights and access arrangements, and childcare may all be specified in the legal separation.
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