Separation - Law Dictionary Search Results
Home Dictionary Name: separationdivorce
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...
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...
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...
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 ...
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) ...
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] ...
Vinculo matrimonii, Divorce a
Vinculo matrimonii, Divorce a. See A VINCULO MATRIMONI and DIVORCE....
Separation of powers
Separation of powers, means the division of governmental authority into three branches of government viz., legislative, executive and judicial, each with specified duties on which neither of the other branches can encroach; the constitutional doctrine of checks and balances by which the people are protected against tyranny, Black's Law Dictionary, 7th Edn., p. 1370.The doctrine of separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude to exercise of arbitrary power. The purpose was not to avoid friction, but by means of the inevitable friction incident to the distribution of the governmental powers among three depart-ments, to save the people from autocracy. The Development of Constitutional Guarantees of Liberty, Justice Louis Brendeis, 1957, p. 94....
Mensa et thoro, Divorce a
Mensa et thoro, Divorce a. superseded by a judicial separation. See a MENSA ET THORO, and MARRIAGE....
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