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Judicial separation is a legal separation between two individuals sanctioned by the court.
Like divorce (or civil partnership dissolution), judicial separation enables the court to grant orders to divide a couple’s money and property and make arrangements for children.
However, the court does not have the power to split a pension as it does with divorce. The court also cannot grant a Clean Break Order because the couple are legally married. This means that a couple remains financially tied to each other, which can have long-term implications.
The process of Judicial Separation is very similar to divorce proceedings, except it involves just one decree: A Deed of Judicial Separation, whereas a divorce has two decrees: a Conditional Order and a Final Order. Unlike a divorce, a couple does not need to be married for a year to legally separate. A Deed of Judicial Separation can be obtained at any time.
Since judicial separation does not end a marriage, a couple are not free to remarry.
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The court grants legal separation on the same grounds as divorce.
The court grants legal separation without requiring the party or parties to declare that their relationship is irretrievably broken down. The party/ parties must simply state that they seek to be judicially separated from the other party to the marriage or civil partnership. This will allow the court to make an order.
Legal separation allows couples to keep many practical and financial benefits of marriage, like health insurance coverage, while living apart which divorce does not allow.
Those who have moral or religious reasons to object to a divorce may choose judicial separation as it does not end their marriage or civil partnership under the law.
Some people apply for judicial separation because they have not been married or in a civil partnership for a year and therefore cannot yet divorce or dissolve their civil partnership. Others may not be ready to take the final step, and a judicial separation can provide breathing space to consider their options.
It is important to know that if there is provision for a spouse in a Will, this is nullified by legal separation, although a spouse may still be eligible for pension scheme benefits if their partner dies. A new will must be created for a spouse to continue to be a beneficiary.
Davisons family solicitors support couples who are considering judicial separation. We can help make separation easier by discussing your options, helping you to make a plan and guiding you through the process.
Our solicitors are friendly and experienced and are here to answer any questions about Judicial Separation you may have. We offer a Free Initial Assessment so you can talk to us about your situation free of charge and without obligation.
Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help
Judicial Separations can have effects on Wills. It is important to note that a provision for a spouse in a Will becomes null and void upon legal separation. However, a spouse may still be entitled to receive benefits if their partner dies. To ensure a spouse remains a beneficiary, a new Will must be created.