Separation

Separation Agreements (Cont...)

Judicial Separation Proceedings

Judicial separation proceedings are rather like divorce proceedings but they do not bring the marriage to an end - ie legally, the parties will still be regarded as married. This an option sometimes preferred where, for example, there are religious objections to divorce or where the party that issues the proceedings is not sure that the marriage should finally be brought to an end. A divorce can still be obtained later on.

Judicial separation proceedings are sometimes used where a divorce is not required but where court orders are needed to deal with matters such as the division of money and property. Within judicial separation proceedings and divorce proceedings the court can also grant injunctions in appropriate cases.

How do I get a judicial separation?

The procedure for a judicial separation is the same as for divorce proceedings except that:

• The petition does not need to contain a statement that the marriage has broken down irretrievably (but one of the 5 facts still needs to be proved , eg. Adultery, Behaviour etc).
• There is only one decree - a Decree of Judicial Separation (ie no Decree Nisi or Decree Absolute).
• There is no additional court fee for the Decree (but the issue fee is still the same)

If you get a judicial separation first and then some years later, you decide to get a divorce, further costs will be payable for the second set of proceedings.

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The articles on legal topics published in these pages are for interest only and are necessarily general in their terms. You should not act (or refrain from acting) on the basis of the information given without specific advice, as the principles and laws concerned may change, and their application will vary according to the particular circumstances.