What Rights do Spouses Have During Separation? In a legal separation proceeding, a court can decide matters such as child custody and support, alimony and property division. However, as stated above, the spouses will remain legally married and cannot remarry unless and until they get a divorce.

Can legally separated person remarry?

Legal separation is a legal remedy for couples suffering from a problematic marriage. However, legally separated couples are not permitted to remarry, since their marriage is still considered valid and subsisting.

What are the rules for separation?

Separation generally means living apart from each other. It can be unilaterally initiated by either spouse, or mutually decided. To prove that your marriage has irretrievably broken down, in order to obtain a divorce, you must have been separated for at least 12 months.

How long should a separation last in a marriage?

The time should ideally be between three and six months so a sense of urgency and sincerity is retained, especially where children are involved. The longer the separation continues, as people settle into their new routine, the harder it is to get back to the old life.