Maclaren Warner
SOLICITORS IN STAPLEFORD, ILKESTON & EASTWOOD
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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

The grounds for obtaining a Judicial Separation are the same as the Grounds for Divorce.

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

  • Religious reasons some parties may free consultationnot 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.

Contact Us

Telephone numbers:

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

Email addresses:
(Click name to email).

Stapleford
Ilkeston
Eastwood