What is Judicial Separation?
Judicial separation is the legal process by which a married couple can formalise their separation while remaining legal married. This process permits the couple to live apart and includes a Court Order that specifies the rights and responsibilities of each spouse.
Why do people opt for Judicial separation?
Many couples decide to opt to get a judicial divorce for various reasons, including religious beliefs that oppose divorce or if you’ve been married or in a civil partnership for less than a year. Additionally, Judicial separation also allows the possibility of reconciliation without the need to remarry if the couple decides to reunite.
The process enables the court to make Orders about the divisions of money and property which are similar to the orders which can be made on divorce, without actually terminating the marriage. However, judicial separation financial orders cannot deal with pensions
What is Divorce?
Divorce is the legal dissolution of a marriage, allowing both parties to move on and re-marry once the divorce order has been granted. In the UK, a couple must be married for at least one year before they can file for a divorce.
The Court is able to make financial orders, and the division of assets is final, subject to any future change in circumstances.
Why do people opt for a divorce?
Every couple has their own individual reasons for getting a divorce and can be influenced by a variety of factors. The primary reason to get a divorce would be for legal clarity to end the marriage, which can simplify financial and legal matters moving forward.
Divorce can also allow a clean break financially, enabling individuals to manage their own finances without being tied to their ex-spouse. It also offers a sense of closure and the ability to move on emotionally from a relationship.
Key differences between judicial separation and divorce
- Judicial separation does not end the marriage, while divorce does
- After a judicial separation, neither party can re-marry, but after a divorce, both parties are free to do so
- Judicial separation allows for easier reconciliation, as the couples remain married
- Judicial separation financial orders cannot deal with pensions whereas on divorce it can
When facing a relationship breakdown, there are typically two common approaches to consider. Family Lawyers are instrumental in guiding individuals through the intricate terrain of family-related issues. At Howell Jones Solicitors, our approachable Family Law team hold specialised knowledge to interpret and apply these laws to each unique situation. We offer impartial advice to assist clients in making well-informed decisions and determining the most suitable path for their specific circumstances.
If you have any questions about the best route for yourself, please contact our friendly Family Law Solicitors and they would be delighted to assist.
