When a relationship breaks down

Judicial Separation

Judicial Separation is an alternative form of legal separation for married couples who are separating but, for personal or religious reasons, do not want to Divorce. At the end of a judicial separation process, the parties remain married, but their separation is legally recognised.

As experienced Divorce and Family Solicitors, we have acted for many clients in this situation. If you need to speak to a Judicial Separation Solicitor now, call our team confidentially on 01273 604123 or email enquire@bbc-law.co.uk.

If you obtain a Judicial Separation, you and your ex-spouse will no longer be required to live together and the Court can divide the matrimonial assets, such as savings and property, in the same way as it can with a Divorce.

If either of you die without making a Will, the other person’s estate will not pass to you as it would normally for a married couple. It is very important that you make a new Will as soon as you Judicially Separate or Divorce. Read more about making a Will.

What powers does the Court have to deal with finances in a Judicial Separation?

The same financial orders can be obtained when you become Judicially Separated, except for pension orders which are not included.

If either party is reluctant to disclose details of their finances, it is possible for one party to issue proceedings and force that to happen through the Courts – just as in Divorce proceedings.

Can the Courts make orders regarding children?

Yes – the Courts have the same powers to make orders in relation to children as they would in relation to Divorce proceedings.

Should I get a Judicial Separation or a Divorce?

If you have personal or religious reasons why you do not want a Divorce, but are separated, then a Judicial Separation might be the best option for you.

Judicial Separation is sometimes seen as the smoother and less stressful option for couples who do not wish to Divorce. While Divorcing couples have to prove that a marital breakdown has occurred, there are no demands from the Court on couples seeking a Judicial Separation to prove that either party is in the wrong. For a Judicial Separation, the Court does not have to be satisfied that the marriage has irretrievably broken down, which can make the process a lot simpler and less stressful.

Couples are required to have been married for 12 months before they can obtain a Divorce. A Decree of Judicial Separation may be beneficial where there has been a breakdown of the marriage within the first 12 months and both parties wish to formalise financial arrangements.

I don’t have enough words to express the support you gave me from the first contact, you helped me understand my case, discussed explained the law and options available which allowed me to make informed decisions. You supported me throughout and emotionally held me together at a very stressful time in my life.

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