Separation effectively is when you stop living together as husband and wife. Normally the date of separation is when you physically start to live apart but it does not have to be and you could be legally separated and still living under the same roof.

The date of separation, in Scotish Law, is important for two reasons:

  • Firstly, it can be the starting point for the one or two year period of separation that is required for a divorce.
  • Secondly, it is important for financial reasons as any property, assets or debts acquired post-separation are not classed as matrimonial property and again that is referred to later.