If you and your partner have reached a mutual agreement on how to dissolve the “commercial” aspects of the marriage, you can both, through a separation agreement, recall the details in an enforceable legal document. Alternatively, if you`re considering divorce, but first want to try to live apart, a separation agreement can help you get through all the practical and emotional reflections about what life apart would look like rather than together. (a) The Family Court of the State shall have exclusive jurisdiction over all actions under this chapter. The Court has exclusive jurisdiction for the constitution, reform, enforcement and annulment of agreements between future spouses, spouses and former spouses concerning the payment of maintenance or maintenance, the payment of maintenance or medical assistance to children, the division and distribution of matrimonial property and marital debts, as well as any other matter related to marriage; Separation or divorce. The Court of First Instance shall have jurisdiction to rule on matters arising from the establishment, reform, performance or cancellation of a contract. In this context, the Court applies the legal factors referred to in Chapters 5, 6 and 15 of this Title. The Court has and exercises all other powers and powers related to separate support and maintenance actions that have hitherto been before the Registrar or the State Registry Court. § 507. Legal separation There are no provisions in the law of the State of Delaware that recognize legal separation. A separation agreement is a legal document used by a couple who want to separate and live separately without divorcing. According to this forbes article, there are some possible benefits of a separation without dissolution of the body: Delaware allows spouses to live under the same roof during a separation, as long as they occupy separate rooms and do not have sex. There is no legal provision for legal separation in Delaware.
In Delaware, the right of separation is part of the Delaware Divorce and Annulment Act, which provides for an amicable settlement of disputes, provides adequate assistance to spouses, and eventually dissolves marriages. A separation agreement is a legally binding contract signed by a spouse and intended to resolve issues of property, debt and children.