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If a couple fail to agree to terms by which they can live separately, the parties may apply to the Court for a Decree of Judicial Separation.

There are six ground under which one can apply for a Decree of Judicial Separation:

1. Either of the spouses has committed adultery
2. The court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application for the decree.
3. Either of the spouses has behaved in such a way that it would be unreasonable to expect the other spouse to continue to live with them
4. The spouses have lived apart from one another for at least three years at the time of the application for the decree (whether or not both spouses agree to the decree being granted)
5. One of the spouses has deserted the other for at least one year at the time of the application
6. The spouses have live apart from one another for one year up to the time of the application and both of the spouses agree to the decree being granted

Prior to the granting of a Decree of Judicial Separation an order outlining the arrangements regarding dependent children has to be made.