A judicial separation is an official separation that is recognised by the court.
It goes beyond the couple choosing to live apart, it’s a way to officially ratify the separation.
This means the court can make stipulations about things like the division of property and finances, similar to a divorce. However, whilst the separation is officially recognised, the marriage is not actually terminated (ie. the couple are not actually divorced).
Why Choose Judicial Separation Over Divorce?
There are a few reasons you might choose a judicial separation over a divorce.
- Unlike divorce, you can obtain a judicial separation at any time during the marriage. You do not have to wait until you’ve been married for a year. If you are looking to separate in the first few months of marriage, you would need to apply for a judicial separation.
- You do not have to prove the marriage has broken down irretrievably. You can simply apply for judicial separation without building a case.
- It’s simpler than a divorce. You do not need to go through the stages of the decree nisi/decree absolute (or the conditional/final order as they have been referred to since 2022). Instead, there is just one order that pronounces the judicial separation as official.
- Finally, a judicial separation doesn’t have the same effect as a divorce does on pensions. This is because the couple is technically still married. For many couples, this presents a disadvantage because you can’t apply for a pension-sharing order.
A judicial separation is not an alternative to divorce. It’s just an official way to recognise the couple as separated. The couple can choose to apply for a divorce at a later date, should they wish.
How Can Our Lawyers Help You?
It is possible to apply for a judicial separation yourself. You can do this online. However, our lawyers recommend instructing a professional family law practice. This helps ensure you have all the correct documents in place and it also means your interests can be best represented.
If you would like help, contact the specialist team of divorce and separation lawyers at Fitz Solicitors. A relationship that has broken down can be the source of great stress and anxiety, so our team works hard to achieve an expeditious and, if possible, amicable settlement.