UNDERSTANDING JUDICIAL SEPARATION

What is 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?

• 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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