Maclaren Warner

Judicial Separation

In certain circumstances a couple may not wish to divorce but do want to be legally separated. This is possible with Judicial Separation.

What is the difference between Judicial Separation and Divorce?

  • A Judicial Separation does not bring the marriage to an end, whereas a divorce does
  • There is no requirement to show that the marriage has broken down irretrievably for a Judicial Separation; there is for a divorce
  • Judicial Separation does not require the marriage to have lasted 1 year before separation proceedings begin
  • Judicial Separation does not have the same effect on pensions as a divorce does

Why would someone seek a Judicial Separation rather than a Divorce?

  • Religious reasons some parties may not want to get divorced for religious reasons, but they do want to legally separate from their spouse
  • One partner wishes to legally separate before the first year of marriage so a divorce is not yet available to them
  • To allow time to make a decision on obtaining a divorce

What are the legal effects of a Judicial Separation?

  • The parties have no obligation to live together
  • If one partner dies without leaving a Will, their spouse will not benefit from their estate
  • A Court Order in relation to the division of the matrimonial home can be obtained

For more information on Judicial Separation or any area of Family Law, please contact us.

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Stapleford 0115 939 5252
Ilkeston 0115 930 4994
Eastwood 01773 713 846

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