If you find yourself at a crossroads in your marriage or civil partnership and need some clarity and legal guidance, speaking with a judicial separation solicitor may be your next step.
There are many reasons why you may wish to apply for a judicial separation but may not want to start divorce proceedings. A judicial separation can be a transitory step in reconciliation or towards divorce. Though for some, it can be the solution or end-goal such as those who hold religious or moral objections to divorce.
To speak with a solicitor, contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.
Here’s Why a Judicial Separation Might Be the Right Choice for You:
Legal Protection: Judicial separation allows you to legally separate from your spouse or partner while still maintaining the legal status of marriage or civil partnership. This means you can establish clear boundaries, protect your rights, and secure your assets, all while navigating the complexities of the separation process.
Providing Space for Reflection: Sometimes, taking a step back from a relationship is necessary to gain perspective and evaluate the future. Judicial separation offers you the opportunity to assess your feelings, needs and goals without rushing into a final divorce or dissolution. It provides a period of respite during which you can make informed decisions about the future of your relationship.
Financial Stability: By pursuing a judicial separation, you can address financial matters such as property division, spousal support, and child maintenance. This provides you peace of mind whilst the legal framework ensures that both of your financial rights and obligations are recognised and protected.
Preservation of Benefits: A judicial separation may allow you to retain certain benefits associated with your marital or civil partnership status. For example, providing housing security for dependant children, or pension arrangements remaining intact, providing crucial support during this period of transition.
Possibility of Reconciliation: Judicial separation leaves the door open for potential reconciliation. It allows you and your spouse or partner to work on your relationship without the pressure of a divorce or dissolution. This time apart can offer a chance to address underlying issues, seek support through counselling, and if both parties desire it, explore the possibility of reconciliation.
Remember, the decision to pursue a judicial separation is a personal one. Judicial separation is a significant legal step that requires careful consideration and strategic planning. Consulting an experienced judicial separation solicitor will provide you with advice on your specific circumstances, and start to guide you through the process should it be the right option for you.
Your well-being and the protection of your interests are our top priority. We are committed to delivering exceptional legal services tailored to your specific needs. Contact us today to schedule a consultation. Contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.
Frequently Asked Questions
What Is a Judicial Separation?
An ‘order of judicial separation’ (or a decree of judicial separation) is a court order that allows you to separate, without divorcing or ending a civil partnership. It can be used as an alternative where there is an objection to divorce (such as religious or otherwise).
A judicial separation does not dissolve a marriage, therefore the couple remains legally married. Through such a separation a couple’s marital obligations cease, and it gives the court power to make the same financial and settlement orders as it could during a divorce.
Why Should I Use a Judicial Separation?
There are quite a few reasons why someone may prefer to use a judicial separation rather than initiate divorce proceedings.
Couples who hold a moral or religious objection to divorce may prefer to use a judicial separation as it does not end the marriage.
A couple may have other reasons for using a judicial separation rather than divorce in cases where they may re-unite in the future, they have been married for less than a year or for the financial benefits.
Can Those Who Have a Judicial Separation Remarry?
As a Judicial Separation does not dissolve a marriage, those who have a judicial separation will not be able to remarry until a divorce is obtained.
Do I Need to Prove That the Marriage Has Broken Down Irretrievably?
No. Since 6th April 2022 you are not required to provide proof for judicial separation, you just need to state that you are wishing to separate.
What Are the Five Facts for a Judicial Separation?
Prior to 6th April 2022, to apply for a judicial separation you were required to provide one or more of the same five ‘facts’ which are required for divorce. This has changed since April 2022, and you are no longer required to provide proof to the reasons of a separation.
The fie ‘facts’ of divorce used were:
- Unreasonable Behaviour – Your partner has done something that makes you feel you cannot live with them anymore.
- Desertion – Your partner left you at least two years ago.
- Adultery – your husband or wife has committed adultery. This is not applicable in a Civil Partnership.
- Separation
- ‘By Consent’ – i.e. Two Years of Separation – You have lived apart from your partner for more than two years and they agree to the divorce.
- Five Years of Separation – You have lived apart from your partner for more than five years. Your partner does not need to agree to divorce to proceed.
Do I Need a Solicitor for a Judicial Separation?
In short, no. You do not need a solicitor for a separation agreement. However, there are reasons why you may wish to involve a solicitor for such a matter.
Obtaining legal advice from a specialist judicial separation solicitor will ensure that the application and other documents are completed correctly. Issues can arise from mistakes during the application process, and unnoticed issues can be costly to fix at a later date.
More importantly, a solicitor will ensure you receive the correct legal advice during the process. Whilst you can get help on an application from other sources, only a solicitor is able to provide you legal advice on your rights during the process.
How Do I Apply for a Judicial Separation and What Is the Process?
Traditionally, a judicial separation is started by one spouse as the ‘applicant’. They are required to submit an application to the court along with the relevant fees.
The application sets out the required details of the marriage or civil partnership, the details of each person and a statement that a judicial separation is sought. When the court receives this, a copy of the application is sent to the other spouse (respondent)
From April 2022 it is possible to have a joint application – and therefore one applicant submits the form to applicant two for approval. In this case, the court does not need to issue a copy to a respondent.
What Is an Acknowledgement of Service?
If a judicial separation is not a joint application, then the court will issue the application to the second spouse (known as the ‘respondent’). They are required to fill in a form to confirm that they have received the judicial separation application. This form is called an ‘Acknowledgement of Service’, and must be returned within 14 days.
What Happens if the Judicial Separation Is Contested?
If the respondent does not agree to the judicial separation, then it is called a defended or contested judicial separation.
Since 6th April 2022 there are extremely limited options available to those that wish to contest a separation. It is also no longer possible for a spouse to argue that the marriage or civil partnership has not broken down.
After contesting, the respondent will have a further 21 days to file an answer to the court setting out reasons for contesting the separation.
When received, the court will send a copy of this to the initial applicant.
Cooling Off Period in Judicial Separation
After the judicial separation application is issued by the court, there is a 20-week ‘cooling off’ period until the applicant (or joint applicants) can finalise the separation. After which, the applicant completes a statement confirming the contents of the application and then sends it to the family court.
This is intended to provide a period of reflection for separated couples. Allowing for either reconciliation, or allowing both parties to plan and agree the practical arrangements (financial, property and child arrangements) moving forwards.
How Long Does it Take to Get a Judicial Separation in the UK?
It can take between six to nine months to process a judicial separation through the court. However, any disputes or outstanding issues that occur through the process (such as financial and property disputes) have the potential to lengthen this timeline substantially.
What Are the Benefits of a Judicial Separation?
There are many benefits to a judicial separation. For those with a moral or religious objection to divorce, judicial separation provides a way to legally settle the financial and child arrangements of a marriage without the dissolution of it. This provides a way for those who object to divorce to effectively separate and settle through the courts.
For others, it can give a legal framework to separations which could be a step towards reconciliation, or towards divorce. For couples who wish to eventually dissolve the marriage, a judicial separation can provide them more time and space than divorce proceedings would in order to come to an amicable agreement. For those who wish to use the time to reconcile and eventually dissolve the separation agreement (i.e. entering back into marriage or civil partnership) it can provide peace of mind to the practical considerations of financial responsibilities, and childcare.
Lastly, for other reasons some may wish to not dissolve a marriage but remain legally separated. This may be due to a benefit of marriage that the couple agree to remain married to receive.
What Are the Disadvantages of a Judicial Separation?
There are a few disadvantages to entering into a judicial separation.
One disadvantage is that, as you remain legally married, you will not be able to remarry until the judicial separation is dissolved and a divorce is finalised.
For some legal matters a couple must be divorced, or undergoing divorce proceedings. For example, whilst in a judicial separation you will not be able to obtain a Pension Sharing Order.
For more information about how a judicial separation may negatively affect you and your circumstances, contact one of our judicial separation solicitors. They will be able to advise you in any legal implications to entering into a judicial, or other, separation. Contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.
What Is the Cost of a Judicial Separation?
Reeds Solicitors can provide an initial fixed fee for judicial separation applications. If you need to pay a court fee, the likely cost would be £500 plus VAT.
Contact us for more information regarding pricing.
Can I Obtain Legal Aid Support for a Judicial Separation?
Similarly to a divorce, it may be possible to help with a judicial separation under the Legal Help Scheme.
We are committed to delivering exceptional legal services tailored to your specific needs. Contact us today to schedule a consultation. Contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.
