Judicial Separation

A Judicial Separation means you will remain married, but will be formally legally separated.

You will still need to show that there are difficulties in the marriage using the same facts as a divorce. However you do not have to state that the marriage has irretrievably broken down and you do not have to married for 12 months or more before starting judicial separation proceedings, unlike a divorce.

Therefore, if you cannot obtain a divorce because you have not been married for 12 months or more, you may want to apply for a Judicial Separation as this will allow you to apply for a court order to settle any dispute you and your spouse have about your children, money or property.

You will need a 'Judicial Separation Petition' and a 'Statement of Arrangements' form providing the same information you would need to provide for a divorce. You will also have to submit an original or certified copy of your Marriage Certificate.

For further information or advice on this or any other family matter, contact the family law team today.