What is judicial separation?

Judicial separation is a formal legal process that allows married couples to separate without dissolving their marriage. It serves as an alternative to divorce for those who cannot or do not wish to end their marriage completely, perhaps due to religious beliefs, pension considerations, or when they have not yet been married for one year (the minimum period required for divorce). It includes:

  1. Starting the process: File an application with the court using Form D8S to begin the judicial separation without ending your marriage.
  2. Court procedures: After you submit your application, the court will review it and may require the papers to be served on your spouse.
  3. Your spouse's response: Your spouse must acknowledge they've received the papers and indicate whether they plan to contest the separation.
  4. Applying for the decree: If your spouse doesn't contest the separation, you can apply for a decree of judicial separation. Unlike divorce, there is only one decree.
  5. Financial matters: You can make arrangements for how assets, property and income will be divided, similar to a divorce.
  6. Children arrangements: If you have children, you'll need to make arrangements for their care, either by agreement or through a court order if necessary.
  7. Final decree: When granted, the decree confirms you're no longer legally required to live together, though you remain married.
  8. Implementation: Any orders regarding property, maintenance or other financial matters will then be put into effect.
  9. Timeframe: The entire process typically takes around 20 weeks or more from application to final order.
  10. Future options: After judicial separation, you can choose to reconcile, remain separated, or eventually seek a divorce if your circumstances change.

Being a formal separation process that involves a court order, a decree of judicial separation legally confirms that the couple is no longer obliged to live together. It addresses financial matters and arrangements for children in the same way as divorce proceedings, but the parties remain legally married and cannot remarry. This option provides a formal framework for separation whilst preserving the marital status, which some couples find preferable to divorce for personal, cultural or practical reasons.

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Our family law team.

Why choose our Family Law team?

Seeking expert legal advice is crucial at this time. Many aspects of family law are complex and emotionally challenging. Our advisers, Justine Lowe and Ian Stirzaker, are members of Resolution, a professional body for family law practitioners. They're committed to following a non-confrontational approach, reducing emotional turmoil and making the transition and separation easier.

We use our experience with Resolution, as Mediators and from other areas of the law to assist you through the process. We will ensure that you are properly advised to enable you to make the right decisions and reach an outcome you can rebuild from.

We aim to provide you with prompt, expert advice throughout your case. During our initial meeting, we'll discuss our funding approach and our service quality guarantee. Our goal is to achieve a fair outcome while minimising conflict and emotional distress. We also offer support through mediation or alternative dispute resolution methods, which are often less adversarial than court proceedings.

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Not sure on your next steps?

We know that this can be challenging, but we are here to support you. Use our diagnostics tools to identify whether you're prepared for the divorce or separation process. We also offer a one hour no-obligation initial meeting at £150.00 + VAT.

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