JUDICIAL AND LEGAL SEPARATION

Under the new Divorce, Dissolution and Separation Act 2020 a decree of judicial separation is now known as a Judicial Separation Order.  This court order is similar to a divorce, but under which the couple remain legally married but their normal marital obligations cease and they no longer have to go on living together.

In judicial separation cases, the court has the same range of powers as in divorce cases to issue orders on dividing the matrimonial property and assets; and providing for the arrangements, support and maintenance of children.

The application procedure for a judicial separation starts with one of the parties, with our help and advice, or both parties presenting a Judicial Separation Application to the Court.  Since 6 April 2022 this simply needs to state that you seek a judicial separation.

Unlike a divorce there is only one order pronouncing the judicial separation once the court is satisfied that the requirements have been met.

The main circumstances under which judicial separation takes place are when one or both of the parties are opposed to divorce, perhaps for religious reasons.