Legal separation
A practical separation between spouses who remain legally married; in South Africa, divorce is the court process that legally ends the marriage.
Definition
Legal separation is often used informally to describe living apart, but it should not be confused with a divorce order. The practical review should cover whether there is a written separation agreement, child arrangements, maintenance, property, debts, pension interests, domestic-violence concerns, and whether divorce or another court route is needed.
Key takeaways
A practical separation between spouses who remain legally married; in South Africa, divorce is the court process that legally ends the marriage.
Family Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Separation before divorce
Divorce settlement
Spousal maintenance
Related resources
Resources and guides
Divorce Checklist
Preparation checklist for divorce process, settlement, parenting, and maintenance issues.
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Divorce Settlement Document Pack: prepare Marriage certificate, Antenuptial contract, Settlement drafts and identify missing records before legal advice.
Family LawChecklistDivorce And Maintenance Checklist
Divorce And Maintenance Checklist for preparing documents, facts, dates, and questions connected to family law.
Family LawFAQs
Legal separation FAQs
What does Legal separation mean?
A practical separation between spouses who remain legally married; in South Africa, divorce is the court process that legally ends the marriage.
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