How do I formalise separation?
Separation is primarily a question of the facts and secondarily a question of law. When you conduct yourself in a way that demonstrates to the other party as well as to the rest of the world that you are no longer in a spousal relationship (eg. husband and wife) with the other party – then you are separated.
Separation is a ‘legal’ conclusion which is determined by considering the facts and evidence. This may mean that you move out of the matrimonial home. It is, however, possible to separate “under the same roof” pending final division of the assets and property of the marriage.
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