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judicial separation
(redirected from legal separation)

   Also found in: Dictionary/thesaurus, Legal, Financial, Encyclopedia, Wikipedia 0.04 sec.

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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With respect to the definition of alimony, CPAs should determine whether a written separation agreement exists, but they need not determine whether the agreement is legally enforceable or whether a legal separation or divorce has been granted.
Currently, Canada's Divorce Act recognizes legal separations only between "a man or woman who are married to each other," and the couple, identified only as M.
 
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