Separated - Law Dictionary Search Results
Home Dictionary Name: separateddivorce
divorce [Middle French, from Latin divortium, from divortere divertere to leave one's marriage partner, from di- away, apart + vertere to turn] : the dissolution of a valid marriage granted esp. on specified statutory grounds (as adultery) arising after the marriage compare annulment NOTE: The most common grounds for divorce are absence from the marital home, drug or alcohol addiction, adultery, cruelty, conviction of a crime, desertion, insanity, and nonsupport. absolute divorce : a divorce that completely and permanently dissolves the marital relationship and terminates marital rights (as property rights) and obligations (as fidelity) divorce a men·sa et tho·ro [-ā-men-sə-et-thȯr-ō, -Ä -men-sÄ -et-thō-rō] : a separation governed by a court order : legal separation divorce a vin·cu·lo mat·ri·mo·nii [-ā-vi-ky-lō-ma-trə-mō-nē-ī, -Ä -vi-kü-lō-mÄ -trē...
Divorce
Divorce [fr. divortium, Lat.], the dissolution of the marriage contract, grantable (after 31st December, 1937) to either a husband or wife under the (English) Matrimonial Causes Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 51), amending the (English) Judicature Act, 1925, for (a) adultery, (b) desertion for three years preceding petition, (c) cruelty, (d) incurable unsoundness of mind, and, on the wife's petition, for unnatural offences, subject to the statutory provisions. Petitions may not be presented for three years after marriage.Judicial Separation is grantable on any ground available for divorce, or for non-compliance with a decree for restitution of conjugal rights or any former ground for divorce a mensa et thoro (q.v.); divorce may be obtained on proof of facts which have founded a judicial separation or an order under the Summary Jurisdiction Acts, which order may be made for adultery as well as other grounds. See JUDICIAL SEPARATION.Additional grounds for a decree of nullity of marri...
Separate estate
Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-1. Every contract hereafter entered into by a married woman otherwise than as agent,(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contr...
Separation
Separation. If a husband and wife cannot agree so as to carry out the purpose of their union, they may resolve to live apart. A deed of separation, containing the terms and conditions upon which an actual and immediate separation is to be arranged, will be valid, so far as relates to the trusts and covenants of the husband; but if it contemplate a contingent or future separation it is void, a opposed to the policy of marriage, and the well-being of the community.The concurrence of trustees is not essential, and a deed of separation will be binding on the wife as well as the husband, though entered into without the intervention of a trustee, McGregor v. McGregor, (1888) 21 QBD 424; Sweet v. Sweet, (1895) 1 QB 12.The Court will decree specific performance of an agreement to execute a deed of immediate separation if based upon sufficient consideration, Gibbs v. Harding, (1870) LR 5 Ch 336.If after the separation, the husband and wife be reconciled, and live together again, that circumstan...
Judicial separation
Judicial separation, granted either to husband or wife on the ground of adultery, cruelty, rape, sodomy, bestiality, non-compliance with a decree for restitution of conjugal rights, or desertion without cause for two years and upwards [(English) Judicature Act, 1925, s. 185]; also by justices, under the Married Women (Maintenance) Acts, 1895 to 1925, to the wife, on the conviction of the husband of aggravated assault, or on the ground of persistent cruelty, forcing her to live apart from him, or on the ground of his being an habitual drunkard [(English) Licensing Act, 1902,s. 5]; and relief can also be obtained by a husband where the wife is an habitual drunkard (ibid.). Under Maintenance Acts the husband can be ordered to make weekly payments to his wife, which can be enforced by imprisonment [R. v. Richardson, (1909) 2 KB 851], but her judgment creditor cannot obtain equitable execution by the appointment of a receiver of such payments, Paquine v. Snary, (1909) 1 KB 688. See also Sum...
legal separation
legal separation : a separation of spouses which does not involve a dissolution of the marriage but in which certain arrangements (as for maintenance and custody) are ordered by the court called also divorce a mensa et thoro judicial separation separation from bed and board ...
separate
separate -rat·ed -rat·ing vt : to cause the separation of vi : to undergo a separation [the couple separated last year] compare divorce ...
separation
separation 1 : cessation of cohabitation between a married couple by mutual agreement with intent that it be permanent ;also : legal separation compare divorce NOTE: In some cases in which the estrangement is extreme, a separation is considered to have occurred even when the couple retain the same residence if they have stopped communicating and engaging in sexual relations and intend to be separated. 2 : termination of a contractual relationship (as employment or military service) ...
Separate property
Separate property, a property obtained by the sole surviving coparcener in a family does not become his 'separate property' so long as there is a woman in the family who can bring into existence a new coparcener by adoption. Property held by a person as a sole surviving coparcener of a joint Hindu family is not his 'separate property' within the meaning of s. 3(1) of the (English) Hindu Women's Right to Property Act, 1937, Manohar Lal Ganeriwalla v. Bhuri Bai, AIR 1972 SC 1369 (1371): (1973) 3 SCC 432. See also AIR 1958 All 769 (772).Means in a community-property State property, that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a third party, or property acquired during marriage but after the spouses have entered into a separation agreement and have been living apart. Also called individual property, Black's Law Dictionary, 7th Edn., p. 1369.Means only self-acquired property of the coparcener and not the property which he has got on separati...
separation agreement
separation agreement : a contractual agreement setting forth terms pertaining to property, child support, or other matters in the separation of a married couple [incorporated the separation agreement into the divorce decree] ...
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