After a judicial separation, a couple remains legally married, yet the process formally ends their relationship.
This legal recourse can be invaluable in resolving financial issues if a couple wishes to separate but cannot get a divorce because they haven’t yet been married for a year or don’t want to for religious or personal reasons.
At Mark Reynolds Solicitors, we understand there are many reasons why a marriage may not work out and that judicial separation can be as upsetting and complicated as divorce.
Our team of judicial separation solicitors will listen carefully and provide tailored legal advice on the best course of action, always acting with compassion, discretion, and sensitivity.
If you think judicial separation may be the best course of action for you, contact our team by calling 0800 002 9577 to receive a free, no-obligation consultation with one of our experts.
What is judicial separation?
Judicial separation is sometimes used as an alternative to divorce.
While a judicial separation is sanctioned by the court and formally ends a relationship, it does not legally end it.
An application for judicial separation is sometimes used for religious reasons or moral or ethical grounds. Such an application can be made by either one spouse only, or both together, where the parties are married (or in a civil partnership).
Unlike divorce proceedings, you can apply for judicial separation if you have been married for less than a year and want to proceed quickly with such an application.
What are the effects of judicial separation?
It’s important to understand the full range of implications of judicial separation to make an informed decision about whether it is the appropriate course of action for you.
The effects of judicial separation are as follows:
- There will be one court order confirming the parties are judicially separated
- As the marriage has not legally ended, neither party is free to marry until an order for divorce is obtained
- The parties no longer need to cohabit with each other
- The Family Court can make financial orders between the parties, such as transfer of property orders, lump sum payments, maintenance payments and limited pension orders
- Upon the death of one of the parties, they will be treated as if they were not married (unless that party has made a will providing for the other party)
- An application for a divorce can be made at any time in the future, provided the parties have been married for a minimum of 12 months
How does judicial separation differ from divorce?
Are you still unsure whether judicial separation is the right course of action for you?
Aside from the fact that divorce terminates marriage and judicial separation does not, let’s look at the other four key differences between judicial separation and divorce.
- Timing – You can get a judicial separation at any time during your marriage, unlike a divorce, which requires waiting until you have been married for a year.
- Court orders – In divorce proceedings, there are two orders: a conditional order and a final order. However, a judicial separation involves only one court order confirming the parties’ separation.
- Pension sharing – Unlike divorce, where pension-sharing orders are common, you cannot get a pension-sharing order with a judicial separation because you’re technically still married.
- Marriage – After a judicial separation, neither party can get married again until they have obtained a divorce.
If you still have questions, don’t hesitate to contact our team of judicial separation solicitors for further information and advice.
Why choose Mark Reynolds Solicitors for judicial separation?
At Mark Reynolds Solicitors, we’re proud to be a leading family law firm in the North West of England.
Our team of trusted judicial separation solicitors has helped countless couples formally end their relationships, providing expert advice tailored to their unique circumstances, making a stressful situation a little bit easier.
We’ll advise you on the legal process for obtaining a judicial separation, help you fill out the application, and ensure that you have all the relevant documents required to make a successful application to the court, helping the process progress smoothly.
If you are married and, for personal reasons, don’t wish to apply for a divorce at this stage, please contact our judicial separation solicitors to discuss your options.
We have offices throughout the North West of England, in Liverpool, Runcorn, Warrington, and Leigh.
Call our team today on 0800 002 9577 to arrange a free initial consultation.