Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VI · Divorce
64. Judicial separation
Feedback & supportA petition for judicial separation may be presented to the court by either party to a marriage on the ground and circumstances set out in section 54 and that section shall, with the necessary modifications, apply in relation to such a petition as they apply in relation to a petition for divorce.
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
Where a court grants a decree of judicial separation it shall no longer be obligatory for the petitioner to cohabit with the respondent.
The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true, rescind the decree at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.