Separation

Separation of married persons is either judicial or voluntary. If the parties enter into a deed or other arrangement to live separate, this is called a voluntary separation, and in general the legal rights of the parties are not altered, except that if the wife is provided with maintenance she has no longer an implied authority to bind the husband. And though voluntary separation is not encouraged by courts of law, yet effect will be given frequently to deliberate contracts of this kind entered into between the parties. Formerly the intervention of a trustee was in all cases necessary, but now an arrangement made directly between husband and wife is enforced by the English courts. In the United States the law of several states confers the right to contract, to maintain actions, &c. on a married woman who, for good cause, is living apart from her husband. See Stimson's American Statute Law; see also JUDICIAL SEPARATION.