Judicial Separation (legal separation for married couples)
Where parties do not wish to formally dissolve their marriage by way of Decree of divorce, Judicial Separation may be a suitable alternative.
This effectively follows a similar procedure to that as outlined in our Divorce pages save for the fact that the marriage will not be dissolved. It may be important for this to happen for various reasons, usually if the parties are of a particular faith whereby Divorce is not an option. Also by not dissolving the marriage this will keep pension rights in place between the respective parties.
Why file for Judicial Separation when the option of a Deed of Separation is available to the separating couple?
In cases where there is lack of cooperation from the other party/lack of full and frank disclosure and open negotiations, it may assist in issuing an application for Judicial Separation since the Court will take hold of the matter and therefore the non cooperative party will be forced to exchange financial disclosure in line with the requirement under the Court jurisdiction when dealing with Divorce matters.
The costs involved will be similar to the costs involved when filing a Divorce application.
Please contact us for advice on family law.
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