Legal separation

Sometimes "judicial separation", "separate maintenance", "divorce a mensa et thoro", or "divorce from bed-and-board", is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally-binding consent decree. The most common reason for filing with the courts for a legal separation is to make interim financial arrangements for the two of them, such as deciding which one will pay which bills, possess which property, and whether one of them shall pay the other temporary financial support. These financial arrangements are actually what the term "separate maintenance" refers to, and "separate maintenance" is not a synonym for "legal separation". Furthermore, in cases where the couple has a child or children, the court order of legal separation often makes temporary arrangements for the care, custody, and financial support of the children ("for the time being"). Thus, part of the court order is a document in child custody. Some couples, especially in past times, might have obtained a legal separation as an alternative to a divorce, based on moral or religious objections to divorce, and intend to abide by the legal separation permanently. Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. If the two do not reconcile, and they wish to proceed with a divorce, they must file for divorce explicitly. Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support.
Although divorce, as known today, was generally prohibited in Western Europe after the tenth century, separation of husband and wife and the annulment of marriage were well-known. What is today referred to as separate maintenance (or "legal separation") was termed "divorce a mensa et thoro" ("divorce from bed-and-board"). The husband and wife physically separated and were forbidden to live or cohabit together; but their marital relationship did not fully terminate.[4] Civil courts had no power over marriage or divorce.