What is separation in law and how to prove the fact of separation?

Legal analysis: Separation refers to a situation in which the husband and wife, while continuing to maintain their relationship as husband and wife, stop living together and establish their own lifestyles. Common evidence that can prove a couple's separation is as follows:

1. A house rental contract in which one party lives outside the home;

2. A written separation agreement signed by both parties, which must be written and oral. The agreement must be recognized by the other party;

3. The written separation document issued by one party to the other party is preferably mailed by express mail, indicating separation in the remarks column, and retaining the mailing receipt. From the date of mailing The period between the filing of divorce and the filing of divorce is the period of separation between husband and wife;

4. Letters and emails exchanged between the two parties can prove the fact that the two parties are not emotionally harmonious and separated;

5. Witnesses are also acceptable, For example, both parties know friends or relatives. However, because the witness often has an interest in the party testifying for him and separation is a private matter between husband and wife, the testimony of a separate witness is difficult to be accepted by the court and must be supplemented by other evidence.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 63 Evidence includes:

(1) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Witness testimonies;

(7) Expert opinions;

(8) Inspection records. Evidence must be verified to be true before it can be used as a basis for determining facts.