A judicial separation is an option if you are certain that your marriage has come to an end but for whatever reason you do not want a divorce. If a couple have a judicial separation it will mean that they are separated but their marriage is not legally terminated.
Similar to divorce, a judicial separation has the same financial arrangements involved (with some minor exceptions) and removes the couples obligation to live together.
One of the most common reasons for obtaining a judicial separation rather than a divorce is due to religious reasons. Many religions do not accept divorce. This method does not have the same stigma attached to it as divorce does and can therefore be the preferred option.
Differences between divorce and judicial separation:
- A decree for judicial separation can be applied for during the first year of marriage, whereas you have to wait until a year has passed before you can apply for a divorce
- You do not have to prove that the marriage has irretrievably broken down for a judicial separation, unlike divorce
- A judicial separation means that you are still legally married and therefore you are unable to remarry
However, if you decide to have a judicial separation, you will lose out on some of your legal rights that exist when you are married. A divorce is usually preferred as it allows for the parties to move on.
Why use a solicitor?
- Certain legal requirements are involved when acquiring a judicial separation.
- A solicitor will ensure the process is completed correctly and to the required standard.
- A solicitor will be able to represent you in court if need be.
Why Watson Woodhouse?
- Our specialist solicitors have a vast amount of experience in dealing with judicial separations.
- We will support you throughout this difficult time of your life.
- We will treat your case with sensitivity, compassion and respect.
- We will keep you updated on the progress of your judicial separation.
We are here to help
If you would like to pursue a judicial separation, please get in contact with our specialist family department who can advise you on the next steps.