4 Key Differences Between Judicial Separation and Divorce in Wembley

If there’s anything that the extended lockdown during the pandemic taught us, it’s that while we can’t choose the family we are born into, we certainly choose who we marry.

Quarantine is the main reason behind the increase in divorce inquiries across the UK, and while the former is not permanent, the latter very much is.

To avoid making any rash decisions during these extraordinary times, let us tell you about judicial separation and how it’s different from divorce.

1. Judicial Separation and Divorce 101

Let’s first see how these two are defined. A legal separation is when you seek a court order for parting ways without officially changing your marital status.

On the other hand, a divorce is a legal process that you go through in order to officially and permanently end your marriage.

2. Grounds

According to the law of England and Wales, you have to state at least one of five reasons to end your marriage, which are:

• Unreasonable behaviour, which is basically any general or specific actions on the part of the defendant that have become impossible for the petitioner to endure.
• Infidelity
• Two-year agreed separation at the end of which you both decide it’s better this way.
• Five-year separation, in which case the petitioner does not need their partner’s consent.
• Desertion, a rarely stated reason that is stated if you have been abandoned by your spouse for at least two years, without a logical explanation.

Despite the fact that one of these reasons is compulsory to obtain both a divorce and a separation decree, you do not have to prove it beyond a shadow of a doubt in the case of the latter.

3. Marriage Duration

To be eligible for a divorce, you have to be married to your spouse for at least one year, whereas a judicial separation is more relaxed, allowing you to live apart before you can file for a divorce.

However, you can also draft an informal separation agreement if you don’t want to approach the court just yet.

4. Decrees

A divorce requires two decrees to be finalized, which are Decree Nisi and Absolute. The latter leads to a permanent dissolution of your marriage but also opens you up to remarriage.

On the other hand, a legal separation requires only one Decree of Judicial Separation, following which you are legally separated yet married, meaning you cannot remarry to get back together.

Family Law Solicitors in Wembley

Our London-based firm is well-versed in the complicated matters of family law, so if you are facing domestic issues and need legal advice, know that Wembley’s expert divorce solicitors are but a phone call away.

Call us at 020 3417 3700 or email our firm for divorce counselling.