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 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.