Study On Separation

For traditional marriage, the external manifestation is to finish the legal procedure, and the internal aspect for couple is to live together. But actually, not every couple can continue till the end, and then comes the divorce system. Separation stays between marriage and divorce, which reflect the wisdom and skills of human beings in dealing with marriage in trouble.Separation means the marriage relationship still exists between couples, but the cohabitation obligation ceases. As a legal system, separation develops from the Christian canon law originated in the Middle Ages, when divorce was forbidden. But nowadays, the religious aspect of separation system has faded out and the system plays an important role in maintaining marriage relationship, protecting both sides of the couple and the outsiders. Most of the countries and districts all over the world have established separation system as an important supplement of the modern divorce system.There is no separation tradition in ancient China, and separation is mentioned just in the Chinese Marriage Law, which was amended in 2001. The relationship between a couple is considered broken after two years’separation. But this is only acceptation of the situation often happened in the life, it’s definitely not the real separation system. The current law cannot explain the definition, reasons, legal effects of separation, nor the relationship between separation and divorce.This thesis intends to start from the general theories of separation, followed by the origin and development of the system, and reveal the unique function of it. Then the author analyses the necessity and feasibility of establishing separation system in China. Through studies on legislations of other countries and districts all over the world, the author builds the own system of separation in China, which expounds the meaning of separation, the legal reasons for separation, the relationships between couples and between parents and children after the separation begins, and also the procedure of separation. The ultimate goal of establishing separation system in China is to build the right view of marriage, and to solve pivotal problems such as marital property and child support in marriage relations.