Procedure For Separation Of Marriage

Legal separation is different from separation as it is a legally recognized status of your marriage.

Procedure for separation of marriage.

Marriage separation procedures to follow ending a marriage is a very stressful life event and not everyone who goes through it has a clear plan in place. If you ve decided to legally separate from your spouse the first step in this process is to file for a legal separation before doing so know that a legal separation is a binding legal contract that is just as important as a divorce. Separation is when the parties no longer live under the same roof but are still married. The only difference is that on paper your marriage and legal rights that come with it remain intact in other words like a divorce there will be a division.

In cases where abuse is an issue getting to a safe place and looking after the physical safety of oneself and any minor children must take precedence. Under section 41 of the matrimonial causes act judicial separation relieves the petitioner from any obligations to cohabit but the marriage itself is not dissolved and it does not affect the status rights and obligations of the parties to the marriage. However there are some rules involved in the separation process to make it successful. Having clear set boundaries is essential to building trust among partners during and after a separation.

Separation must also be by choice of the couple and not merely a matter of necessity e g. If a husband works abroad for a year that may not count as a valid separation. Thus it requires filing documents with and appearing in court much like the process of divorce.