Family Law: everything you need to know about Judicial Separation
What is Judicial Separation and when might it be the right option for you should you be going through a separation? Our highly rated specialist family lawyers explain all.
What is Judicial Separation?
A Judicial Separation means you will remain married, but will be formally legally separated.
What is needed for a Judicial Separation?
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.
- You will 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.
What is the Judicial Separation procedure?
In exactly the same way as a divorce, you will need a Judicial Separation Petition to be prepared and hopefully agreed with the other party prior to it being sent to the Court.
The Family Court will seal the documents and post a copy to your spouse.
Your spouse will then have to complete an Acknowledgement of Service form to:-
- Confirm that he/she has received the Judicial Separation Petition
- Indicate whether they intend to oppose the divorce.
- Indicate whether there is any disagreement regarding costs.
Once the Acknowledgement has been returned, you then complete a statement to confirm the contents of your petition are true. The effect is much like giving evidence in terms of your petition but without the need for you to attend Court. This is forwarded to the Court, and all of the papers are referred to a District Judge.
The District Judge will check the petition is technically correct and that you have made out the basis for your Judicial Separation. Unlike with a divorce, the District Judge will then certify that you are entitled to a Decree of Judicial Separation, and a date will be set for that Decree of Judicial Separation to be pronounced.
The Decree of Judicial Separation, like a Decree Nisi in a divorce, is still read out in Court, but again there is no need to attend.
The Final Certificate of Judicial Separation will then be sent out in the post, and that is the conclusion of the Judicial Separation process.
There is no further waiting period and no Decree Absolute as the marriage is not formally ended.
Help and advice
For help, advice and assistance, contact Sydney Mitchell’s specialist Family Law team, which offers a comprehensive package of advice both at the start and the end of a relationship.
