Judicial separation, also known as a legal separation, is an alternative to divorce for couples whose relationship has broken down. It’s a legal process carried out by the UK courts, and results in a decree or order which finalises the separation.
You can apply for legal separation jointly with your partner, or on your own. There’s a fee to pay to submit an application to the court.
Sole applications usually happen because one person doesn’t agree to the legal separation, or is unlikely to cooperate with proceedings. You may also find a joint application unsuitable because you’re a victim (or are at risk) of domestic violence.
Who is judicial separation for?
One of the key questions people tend to ask about judicial separation is – why not just get a divorce? However, there are a few important differences between the two processes (which we’ll cover in just a moment) that make legal separation a more suitable option for people in certain circumstances.
It’s mainly used by people who:
• Have religious objections to divorce
• Need time and space to work out whether they want to legally end their marriage or civil partnership
• Have been married or in a civil partnership for less than a year – under divorce laws in England and Wales, you can’t get a divorce or dissolution until you’ve been married at least 12 months.
Differences between judicial separation and divorce
The biggest difference between legal separation and divorce is that with the former, you’ll still be legally married at the end of the process.
You’ll get a decree or order of judicial separation, and all marital obligations (such as living together) will end. But it isn’t the same as divorcing or ending a civil partnership.
Unlike divorce, you can apply for a legal separation at any time after the marriage. You don’t need to wait until you’ve been married or in a civil partnership for a year.
Also, you don’t need to go through a two-stage process like with divorce. Getting a divorce involves getting a decree nisi (now renamed a ‘conditional order) and then a decree absolute (final order). But with legal separation, there’s just one order pronouncing the separation once the court is satisfied that all requirements have been met.
Other differences include:
• Fees – a judicial separation is cheaper than a divorce, with an application fee of £365 compared to £593 (as of April 2022).
• Impact on pension arrangements – as you’ll technically still be married after judicial separation, you won’t be able to get a pension sharing order from the courts.
• Moving on – you won’t be free to remarry under a judicial separation, but a separation order doesn’t prevent either of you from applying for divorce later on.
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Finally, with a judicial separation, you don’t have to provide evidence or otherwise prove that the marriage has irretrievably broken down. This is in line with the changes to divorce laws that came in this April, which now allows applications for ‘no fault’ divorce.
Need help with judicial separation? Whether you have a simple question or a complex case, the Wirral family law solicitors here at Tracey Miller can help. Get in touch for a free consultation.