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judicial separation

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judicial separation

Action in a court by either husband or wife, in which it is not necessary to prove an irreconcilable breakdown of a marriage, but in which the grounds are otherwise the same as for divorce. It does not end a marriage, but a declaration may be obtained that the complainant need no longer cohabit with the defendant. The court can make similar orders to a divorce court in relation to custody and support of children and maintenance.



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When the secular arm of the law was raised to capture Lady Margery of Longford, she had already initiated an application for a judicial separation and brought a bill before Chancery, as mentioned above.
Runaway wives: husband desertion in medieval England by Butler, Sara / Journal of Social History
Many of the purported legal issues--including land inheritance, which set rural Ireland so solidly against the issue in a previous referendum that met defeat in 1986--had been more or less spelled out in the Judicial Separation Act of 1986 and succeeding pieces of legislation.
Divorce in a divided land: the Irish debate their past & future by Kelly, Mary Pat / Commonweal
Judicial separation in the ecclesiastical courts could be used by wives to improve the financial terms of an existing separation or by husbands to avoid paying alimony to an adulterous wife, and a judicial separation became one of the necessary steps to obtain a parliamentary divorce, a full divorce with right to remarry granted to an individual by an act of Parliament as an exception to the role of the indissolubility of marriage.
Broken Lives: Separation and Divorce in England, 1660-1857 by Bankston, Carl L., III / Commonweal
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