Judicial Separation

Here at VM Family law, we can provide help and guidance with Judicial Separations. We will work with you and your family’s needs to offer excellent advice and service where needed.

Most people would consider a Judicial Separation if they are unsure about getting divorced or ending a civil partnership. This is a formal separation that the courts grant; it can allow space or time to work towards a divorce or it can be used as an alternative to divorce for those who may have religious objections to a divorce or find it less traumatic than a divorce.  

A Judicial Separation gives the court the power to deal with financial settlements if required.

What is Judicial Separation?

Judicial Separation is a legal separation and does not end a marriage; this can benefit a couple for religious or moral reasons and those who don’t want to get a divorce. 

A Judicial Separation Application can be applied for in the first year of marriage, unlike a divorce.

What is the difference between divorce and judicial separation?

A divorce legally ends a marriage, whereas a judicial separation simply means you are legally separated and the marriage continues.

You will need to provide evidence that your marriage has irretrievably broken down to apply for a divorce. This can only be applied for after the first year of marriage. 

A judicial separation allows you to separate without legally ending your marriage. You do not need to state that your marriage has irretrievably broken down and this can be done in the first year of your marriage.

What are the effects of judicial separation?

There are three main effects of Judicial Separation:

  • The parties no longer have to live together.
  • The Court can make almost all the same financial arrangements as a divorce save that the court cannot make pension sharing orders or end financial claims.
  • You cannot remarry until you have obtained a divorce.
  • If one party dies without a will in place, the deceased’s possessions will still pass to the spouse unless the deceased person has a valid will. However, upon divorce, the deceased possessions will not pass to their ex-spouse.

How does a judicial separation work?

There is a process to follow to apply for judicial separation. VM Family Law can help with this process and advise on the best methods to follow. We can support you while providing expert knowledge and avoiding discrepancies, assisting with a smooth separation.

With a judicial separation, the court can make a financial order in largely the same way as a divorce or dissolution but the Court cannot make an order dismissing all financial claims given the marriage is continuing. Our expert advice can harness the pressure of the unknown and guide you with the knowledge necessary to assist with the judicial process.

Judicial separation application

Making the right decisions while completing this application is essential and can impact you and your family in the future.

Take advantage of our one-hour free consultation to help you understand the implications of the application and provide our expertise to assist in a comfortable separation.

When can a Judicial Separation be applied for?

A judicial separation can be applied for anytime after the marriage; you don’t have to wait a year as you do for a divorce or dissolution. 

The application can be completed solely or jointly, depending on your circumstances. VM Family Law can help provide expert advice on approaching the separation process, whether exclusively or together, which will benefit both parties and the family. 

Preparation of judicial separation papers

It is possible to complete the judicial separation papers online by yourself. Problems can arise however, from forms that are incorrectly completed. 

Speak to a professional at VM Family Law who will help assist with any unanswered questions you may have. Getting advice from a specialist Family Law practice will ensure that your application is completed successfully, and you will receive the legal advice necessary for your separation proceedings.

Grounds for judicial separation

There are no grounds for judicial separation. Since 6th April 2022, you simply need to apply for judicial separation. 

If you need any help or advice regarding judicial separation and are unsure about your options, please contact a member of our team.

How long does a judicial separation take?

It would usually take about 5 months to obtain a Judicial Separation.

Speaking to a family law solicitor regarding your judicial separation, and understanding your requirements can ensure that this is the right process for you.

Can I still get a divorce if I get a judicial separation?

A judicial separation does not stop the separated couple from applying for a divorce at any time in the future. This is just a formal separation and not a legal ending of a marriage. 

If a divorce is later required, the fact that there is already a judicial separation in place does not change or shorten the divorce process.

Our goal is to help our clients solve their family legal matters as smoothly as possible.

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