Posted by: Sad | 2010/04/29

Arranging a trial separation

I am considering a trial separation from my emotionally and verbally abusive husband. We have 2 young children. How does one go about arranging it? should we see a lawyer? my husband doesn''t want to move out, but I also do not want to. How will this situation be decided?
Any help will be much appreciated.

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Our expert says:
Expert ImageFamily law expert

You don't need to see a lawyer when you seperate. Our law does not recognise "legal seperation" and as such the seperation merely means time out. I would not move out if I was you, merely because this will have an effect on the stability of your children's upbringing. I suggest that you discuss the issue with your spouse and if a seperation is inevitable that he rather leaves the communal home this will have the least effect on the children. Remember to make decisions ALWAYS in the interest of your children. If the abuse is unbearing you may consider a restraining / domestic violence order, this will have the effect that your husband will be forced to leave the communal home.

Bertus Preller

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

Our users say:
Posted by: G-Dad | 2010/04/29

Well the only way would be to try the FA or a social worker or even a good psychologist for assistance as a starting point, they will give good guidelines what the courts will most probably do in your case.

If still no agreement can be reached the the courts will be your last option.

Reply to G-Dad

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