A mensa et thoro

Hello friends welcome to series of Legal Maxims.

Introduction:

A legal maxim is an established principle or proposition of law. Legal maxims are generally in Latin language and are written in italics in a legal document.

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A mensa et thoro

Literal Translation:from table and bed.

Definition and use: Divorce a mensa et thoro indicates legal separation without legal divorce.

Explanation: A mensa et thoro or Legal separation; sometimes also called as judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.

Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage.

A mensa et thoro separation:

A mensa et thorois a legal Latin phrase which means "from table and bed" or "from bed and board". Separation a mensa et thoro is a separation sanctioned by a court order, allowing the spouses legally to live apart, but they are still legally married. The legitimacy of any future child born to the couple remains intact, and the spouses may not legally remarry. This type of separation allows the couple to live apart without concerns about being taken to court for "desertion".

Sometimes, an a mensa et thoro separation is used when one partner is claimed to be emotionally, verbally, or physically abusive, keeping the marriage in existence while the two spouses are physically separated. This physical separation may give the two of them a chance to work out the problems in their relationship while residing in legally sanctioned separate dwellings.

Spouses may also request an a mensa et thoro separation to protect themselves from accusations of desertion or abandonment – such as in cases where one must depart from the other for an extended period of time.

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