Judicial Separation

What is judicial (Legal) separation? 

Judicial separation allows a couple to legally separate without having divorced, which would legally end their marriage. It is a formal separation that is granted by the courts. Although unusual, judicial separation can be attractive to those opposed to divorce, for example: 

• For cultural, moral or religious reasons 

• For a marriage or civil partnership that has lasted less than a year 

• If you are still considering whether you want to end the marriage or civil partnership but would like to be legally separated in the meantime 

If you are considering or going through a divorce or judicial separation, click below for a free initial consultation with one of our expert divorce solicitors.

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The effects of a judicial separation

When an order of judicial separation is issued by the court, the couple’s marital obligations come to an end and there are three principal effects of this:

1. The parties no longer have a duty to cohabit, although this is no longer a legal duty for a married couple anyway
2. The court can make almost all of the same financial orders as upon divorce, except for pension sharing or clean break orders
3. In terms of inheritance, wills are unaffected by judicial separation, which is in direct contrast to divorce. However, should you die intestate, your spouse would be treated as if they were dead. 

The process generally takes four to six months, though this can be a lot longer depending on how long the issues such as finances and arrangements for any children take. 

what is the difference between judicial separation and divorce

As opposed to divorce, there is no time limit in place. This means that you can apply for judicial separation immediately after marriage. This is different to a divorce where you must be married for a year to issue divorce proceedings. There is only one order of judicial separation, whereas in divorce proceedings a conditional order must be made before a final order is issued by the court, legally ending the marriage. 

Most importantly, the marriage does not terminate on pronouncement of judicial separation. This means that neither party will be free to remarry until a divorce is obtained.  

Advantages to Legal Separation 

There are many advantages to judicial separation, should this be an attractive option for you. It gives you time to consider if you want to divorce without affecting the sanctity of your marriage. Likewise, it allows you to deal with your finances and children matters, allowing you to focus on the emotional impact of the divorce itself, should you decide to go through this in time. However, judicial separation remains a rarity in comparison to divorce due to the restrictions which come with still being married.  

Nevertheless, should this be an attractive option for you, we would recommend that you instruct specialist family solicitors to advise on these matters.