Last amended by an amending law of 2023. 2 amendments in all.
Either party to a marriage may apply for judicial separation on the ground and circumstances set out in section 95A, and sections 95 and 95A are to apply (with the necessary modifications) in relation to an application for judicial separation as they apply to an application for divorce.
Where a court grants a judgment of judicial separation, it is no longer obligatory for the applicant to cohabit with the respondent.
judgment of judicial separation
“judgment of judicial separation” includes a decree of judicial separation granted in proceedings for judicial separation commenced before 1 April 2006;
The court may, on an application by an originating application of the spouse against whom a judgment of judicial separation has been made and on being satisfied that the allegations in the originating application are true, rescind the judgment at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the judgment, that there was reasonable cause for the alleged desertion.
originating application
“originating application” means an originating application for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be.