Judicial Separation

Judicial Separation or Divorce?

There are a number of key differences between judicial separation and divorce.

Arguably the most significant difference is that pension sharing orders cannot be made within judicial separation proceedings. This is a very serious drawback, given that pensions can often be the most valuable asset in a case.

The other major difference is an obvious one: unlike with a divorce, where the parties are then free to remarry, this is not the case with a judicial separation: as above, the marriage itself will continue.

Other key differences include:

• Before starting proceedings for a divorce, the parties must have been married for at least one year. There is no such time bar in respect of proceedings for a judicial separation.
• Unlike divorce proceedings which involve two ‘decrees’ (an interim order known as ‘decree nisi’ and a final order known as ‘decree absolute’), a judicial separation only has only one: a decree of judicial separation.
• Although a decree of judicial separation does not actually end a marriage, its effect is to relieve the obligation of the person who has applied for the separation to live with his or her spouse.
• There is no requirement to prove the marriage has ‘irretrievably broken down’ as there is with a divorce.

Divorce Solicitors

If you decide to pursue a divorce our experienced family law solicitors can help guide you through the process, facilitate mediation and act as arbitrators if necessary.

Civil Partnership Dissolution

Civil partnership dissolution can be a complicated process, but with the help of our expert family law solicitors, we can work to resolve disputes and provide valuable practical advice.