A Decree of Judicial Separation is a court order that formally recognises that a married couple is legally separated without ending the marriage. A judicial separation does not dissolve the marriage, and there is no Final Order.
Judicial separation is an alternative to divorce. You can use it instead of divorce if you want to live separately from your spouse but can’t or don’t want to divorce. Reasons may include religious beliefs, moral objections, or the requirement to remain married for personal or financial reasons.
A judicial separation allows the court to make financial orders, including maintenance, lump-sum payments, property adjustment orders, and pension-sharing orders (with some limitations). Still, the parties remain legally married and cannot remarry.
1. What is a Decree of Judicial Separation?
A Decree of Judicial Separation is a court order which confirms that your marriage has broken down, but you are still legally married. It allows the court to deal with financial orders, but does not legally end your marriage.
2. What is the difference between judicial separation and divorce?
- Judicial separation: You’re still legally married to your spouse.
- Divorce: The court legally ends your marriage.
Judicial separation may be used for religious purposes or personal/moral objections to divorce.
3. Why would I choose judicial separation over divorce?
Some of the most common reasons include:
- You object to divorce on religious and cultural grounds.
- You want a chance to separate before deciding whether to divorce.
- There may be financial benefits to remaining married (pensions, taxes, etc.)
- You cannot meet the criteria for divorce immediately.
4. Can I apply for divorce if I started with a decree for judicial separation?
Yes. If you wish to divorce later on, you can file a divorce application. A Decree of Judicial Separation does not stop you from divorcing at a later date.
5. How do I apply for a Decree of Judicial Separation?
The application process is the same as for divorce. You fill in the same forms as for divorce and ask the court for a decree of judicial separation instead of a divorce. There is no need to wait 20 weeks as with a divorce.
6. What financial orders can the court make during a judicial separation?
You can ask the court to make financial orders.
It includes :
- Maintenance orders
- Lump sum orders
- Property adjustment orders
- Pension sharing orders ( in some cases)
However, please be aware that since the marriage has not ended, you will not be able to obtain orders on divorce, such as a clean break order (orders that future claims cannot be made)
7. Can a judicial separation be turned into a divorce later?
Yes. If either spouse later wishes to end the marriage, they can issue a divorce application. The judicial separation does not prevent a later divorce.
8. Do I have to prove fault for a judicial separation?
No. It works under the same no-fault principles as divorce. You only need to state that you are seeking a judicial separation because the marriage has broken down.
9. How long does a judicial separation take?
Judicial separation takes less time than divorce. There is no Final Order, and so no need to wait 20 weeks. The timeframe usually depends on the court’s processing speed.
10. Can I remarry after a Decree of Judicial Separation?
No. If you wish to remarry someone else, you will need to divorce your spouse first.