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In the United States, a separation is a term used in reference to the physical separation of a marital couple.

Though, generally speaking, any married couple can separate due to marital problems, though it is a legal separation which is recognized by the courts and under applicable laws.

Before the introduction of the Judicial Separation and Family Law Reform Act 1989, the only means of judicial separation available in the Republic of Ireland was to seek a decree of divorce a mensa et thoro.In Ontario, a separation agreement is unenforceable unless made in writing, signed by the parties and witnessed.This written agreement usually resolves all issues arising from the separation, including custody and access, child support, spousal support and the division of property.The legitimacy of any future child born to the couple remains intact, and the spouses may not legally remarry.This type of separation allows the couple to live apart without concerns about being taken to court for "desertion".However, a legal separation does not mean dissolution of the marriage; under a legal separation court order, the couple will remain married and be recognized under law as a married couple.This means that the inherent rights, privileges, and responsibilities granted by a marriage contract are still legally enforceable.This could only be obtained on the grounds of adultery, cruelty, or "unnatural practices" (a concept never defined by the legislature or the courts).Post-1989 judicial depression is possible on one of six grounds, proven on the balance of probabilities: Of the six grounds, the latter forms the basis of the vast majority of judicial separation decrees. The court must only be satisfied that there has been the loss of an "essential ingredient of the marriage".When the requirements of burden of proof for a divorce are difficult to meet, in most jurisdictions, an a mensa et thoro ruling assures the couple a slot in the court's schedule whenever they file for a full divorce, by showing that they were both serious about their separation.Sometimes, an a mensa et thoro separation is used when one partner is claimed to be emotionally, verbally, or physically abusive, keeping the marriage in existence while the two spouses are physically separated.


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