Judicial Separation and Divorce

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What is 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.
You do not have to state that the marriage has irretrievably broken down.
Unlike a divorce, you do not have to be married for 12 months or more before starting judicial separation proceedings.

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. This will allow you to apply for a court order to settle any dispute you and your spouse have about your money or property.

Judicial Separation Petition

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.

Talk to us for detailed information and advice on Judicial Separation. Call the Family Law team on 0121 746 3360 or contact us online.