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Before taking the drastic step of getting a divorce, the parties may for various reasons like to separate from each other.

The first way to get a separation is to sign a separation agreement. The parties can do this themselves, but it would be better if this is done before a Solicitor. The agreement can specify the period of separation and what the parties do with their children, if any and their maintenance.

Under some circumstances, and if no agreement can be reached, one party can apply to the District Court for a separation order together with maintenance orders provided he or she has not committed adultery. In the case of a wife, she may apply where the husband has been convicted of having assaulted her, or has deserted her, or is guilty of persistent cruelty to her, or her infant children, or has knowingly transmitted venereal disease to her, or has compelled her to be a prostitute, or is a habitual drunkard or drug addict. In the case of a husband, he may apply where the wife has been guilty of persistent cruelty to his children or is a habitual drunkard or drug addict.

If the Court finds that there are sufficient grounds, it may order that the parties be separated, i.e. they need not live together any more although they are still legally husband and wife. The Court may also make orders relating to the custody of the children and the maintenance of the other spouse and of the children.

The third way to get a separation is to apply to the District Court for a judicial separation. However, to get a judicial separation, the part has to prove basically the same facts as in a divorce.

The effect of a judicial separation is the same as a separation order, i.e. the parties are still husband and wife but they need not cohabit together. The Decree is only granted subject to the requirement that satisfactory arrangements have been made for the welfare of any child.