Judicial separation – An alternative to divorce

When marriages face difficulties, couples often believe that divorce is the only option.

While divorce can put a definitive end to a marriage, it can come at a heavy financial and emotional cost.

However, there is an alternative that might better suit your needs: judicial separation.

What is judicial separation?

Judicial separation, also known as legal separation, is a process that allows married couples to formalise their separation without ending the marriage.

Under the Matrimonial Causes Act 1973, judicial separation can be used in a similar way to divorce, but with some key differences.

Unlike divorce, judicial separation does not dissolve the marriage, meaning that you and your spouse remain legally married but are no longer required to live together.

Key differences between judicial separation and divorce

While both judicial separation and divorce address the legal aspects of marital breakdown, there are important differences.

Judicial separation does not end the marriage. You remain legally married and cannot remarry unless you obtain a divorce.

There is no minimum period of marriage required for judicial separation.  For a divorce, you must have been married for at least one year.

Judicial separation allows you to make decisions regarding finances, property, and children without dissolving the marriage. However, it does not allow for a Pension Sharing Order to be obtained as this can only happen upon divorce and with a judicial separation, you remain married.

A judicial separation also means that if a party is named as a beneficiary in their spouse’s Will which remains unchanged, then they will still inherit under this Will, unlike a divorce which has the effect of technically removing a party’s entitlement to benefit under their ex-spouse’s Will.

Judicial separation can help if you have religious or personal reasons for not wanting a divorce.

Since the marriage is not dissolved, judicial separation leaves the door open for potentially fixing the marriage if both parties choose to work on their relationship.

Why choose judicial separation?

For some, divorce may conflict with religious beliefs or personal values. Judicial separation provides a legal alternative that respects these considerations.

Judicial separation can offer financial protection and clarity while leaving the marriage intact.

This can be particularly important if one spouse needs to remain on the other’s health insurance or if there are other financial concerns.

How to apply for judicial separation

Applications can be made jointly with your spouse or on your own. A joint application can be made when you both agree that you should get a separation, and when either party is not at risk of domestic abuse.

A sole application can be made when your spouse does not agree to the separation, or if they are likely to ignore or challenge any notifications from court.

It is important to seek independent legal advice before making any application for a judicial separation.

Divorce is a significant step, and not everyone feels emotionally ready to take it. Judicial separation can be a less final alternative, providing time and space to make decisions at a time better suited for both parties.

Whether you are considering judicial separation for religious, financial, or personal reasons, we here to support you every step of the way.

If you are contemplating judicial separation or need assistance with any legal aspect of marital breakdown, contact us today.

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