Not every broken marriage needs to end in divorce. Whether it’s for religious reasons, because you’ve not been married a year, or you simply need time before deciding what’s next, a judicial separation lets you formalise the split and sort out finances and arrangements for children, without ending the marriage itself. Our family law solicitors give straightforward, common-sense advice on whether it’s right for you.
Judicial separation is a legal order from the Family Court confirming that a married couple, or civil partners, are living apart, without ending the marriage or civil partnership itself.
You can apply for the order on your own with your spouse or civil partner. Since the Divorce, Dissolution and Separation Act 2020 came into force in April 2022, neither route requires you to prove anything went wrong or give a reason. The application simply needs to confirm that you wish to be separated, and the Family Court will grant the order on that basis.
What it doesn’t do is end the marriage: neither of you is free to remarry unless you later apply for a divorce, which stays open to you whenever you’re ready. What it does do is let the court deal with the practical fallout of separating: dividing money and property, agreeing arrangement for any children, and arranging maintenance, everything except sharing a pension, which the law only allows once a marriage has actually ended.
How we can help with judicial separation
Applying for a judicial separation order
Applying for a judicial separation order means making an application to the Family Court, either alone or jointly with your spouse, without needing to prove anything went wrong or wait for a minimum length of marriage. It’s often the right route if you don’t believe in divorce but aren’t ready to end the marriage completely. We’ll help you decide between a sole or joint application, get the paperwork right first time, and keep things moving even if your spouse doesn’t engage.
Sorting out your finances
A judicial separation allows the Family Court to make many of the same financial orders as divorce, including property, spousal maintenance, and lump sum payments, just not pension sharing, which only becomes available once a marriage has actually ended. Where a pension is the biggest asset between you, we’ll talk through what that means before you decide how to proceed. Financial matters can be dealt with alongside the separation itself, not left until later.
Arrangements for your children
Where your children live and how much time they spend with each parent is decided separately from a judicial separation, under the same Children Act 1989 principles that apply on divorce. If you can agree arrangements between yourselves, we’ll help put that in writing; if not, our child arrangements team can step in, including applying to the court where needed.
Protecting your Will and estate
A judicial separation doesn’t cancel gifts to your spouse under an existing Will, unlike a divorce, but it does change what happens if you die without one, as your spouse would be treated as having died before you, rather than automatically inheriting. If your Will still favours a spouse you’re now living apart from, it’s worth revisiting, and our Wills and probate team can help make sure it reflects your circumstances.
Moving to divorce, if and when you’re ready
Judicial separation doesn’t close the door on divorce — you can apply at any point afterwards, with no time limit attached. If your circumstances change, whether that’s the pension question or simply feeling ready to end the marriage, we’ll handle the move to divorce proceedings without starting again from nothing.
How the Jewish divorce process works
Applying for a judicial separation order is largely a paperwork process rather than a court hearing. Most undefended applications are dealt with on the papers alone, and there’s no requirement to prove fault or wait for a minimum length of marriage before you start.
Getting advice on your options
Before applying, we’ll talk through whether a judicial separation, a private separation agreement, or divorce suits your situation, and whether a sole or joint application makes more sense.
Making the application
We prepare and file the application (Form D8S) together with a certified copy of your marriage or civil partnership certificate and the court fee.
The court making the order
Provided the application is properly completed, the court must make the judicial separation order. There’s no fault to prove, and in most cases neither of you needs to attend a hearing.
Working through finances and children’s arrangements
This is usually where the real work happens. We help negotiate and formalise financial arrangements, and, where needed, arrangements for children, alongside or after the order itself.
Why choose Slater Heelis as your Judicial separation solicitors
Recognised excellence in family law
We’re commended in The Times’ Best Law Firms guide for 2026. The Legal 500 recognises us as one of the leading family law firms in the North West. Our family team sits in the Chambers High Net Worth Guide for Family/Matrimonial Finance, and is a Resolution member firm committed to a constructive approach to family disputes. With over 1,900 reviews and an average rating of 4.9/5 on ReviewSolicitors, our clients trust us enough to recommend us when their friends and family need help.
Over 250 years of excellence
We’ve been providing legal advice to families since 1773. With offices in Manchester, Sale and Chester, we’re rooted in the communities we serve and understand the issues families face. We also advise clients across the UK from offices in London, Liverpool, Leeds, York and Sheffield.
Clear advice on the right route
Judicial separation is far less common than divorce, but we know exactly when it’s the right legal route rather than a separation agreement or an eventual divorce. You’ll get a straight answer on what genuinely fits your situation.
National scale, proven expertise
Slater Heelis is part of Lawfront, a national group of regional law firms. Together, our family law teams total over 100 specialists and hold 8 Legal 500 rankings nationally, including 3 Tier 1.
Call us on 0330 111 3131 or contact us via our online enquiry form to arrange a consultation with our judicial separation solicitors.
Our offices in Manchester, Sale and Chester are open for face-to-face meetings, and we also work with clients across the UK, with meetings at other locations, such as London, Leeds and Liverpool, available by appointment.
Frequently Asked Questions about judicial separation
What are judicial separation proceedings?
Judicial separation proceedings are the court case that leads to a judicial separation order, starting when an application is filed and, in most cases, ending without a hearing. The proceedings can only be disputed in narrow circumstances, such as the court not having jurisdiction, or a claim the marriage was never valid, so contested cases are rare.
How much does a judicial separation cost?
A judicial separation application costs £426 in court fees, on top of any solicitor’s fees for advice and handling the application. Help with fees is available if you’re on a low income, and we’ll set out clear costs for your situation from the first conversation.
How long does a judicial separation take?
Judicial separation has no minimum waiting period built into the law, unlike divorce, which has a minimum 26-week process from start to finish. Most undefended applications are paperwork-only, so once yours is filed correctly, the main factor affecting timing is how quickly finances and any children’s arrangements are agreed.
What's the difference between judicial separation and divorce?
A judicial separation doesn’t end your marriage, so neither of you can remarry, and it results in one single order rather than divorce’s two-stage process. You can also apply for a judicial separation at any point after marrying, whereas divorce has a one-year minimum, which is often what draws people to this route in the first place.
What's the difference between a judicial separation and a separation agreement?
A separation agreement is a private document you and your spouse draw up together, setting out arrangements for finances and children without going to court. A judicial separation is a formal court order confirming your separation, which can be useful if you need the court’s authority behind those arrangements or can’t agree things amicably enough to rely on a private agreement.
Can I apply for a judicial separation if my spouse doesn't agree?
Yes, you can make a sole application even if your spouse doesn’t agree or won’t engage with the process. Since 2022, they can’t argue that your marriage hasn’t broken down, so their disagreement alone won’t stop the court granting the order.
What happens if we reconcile during judicial separation proceedings?
You can withdraw your application at any point before the order is made if you reconcile. The court can also adjourn proceedings to allow time for reconciliation attempts, so if there’s a chance you’ll get back together, that doesn’t need to be a barrier to starting the process.
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