All You Need to Know About a Judicial Separation

Judicial separations are a form of breaking marital ties, but the arrangement is different from a divorce. There are a lot of misconceptions regarding judicial separations and divorces since the concepts are similar in theory but different in implementation. Judicial separation allows married couples to forgo the process of filing for a divorce (for whatever religious or personal reasons) and have their separation legalized by the court.

This decision grants couples the right to live apart and proceed with the division of assets, as predetermined in the pre- or post-nuptial agreement. Another point to note about judicial separations is that normal rules of estate division in case of the death of a spouse don’t apply if your separation has been finalized. If you have particular wishes that you want to include in your will, make a new document after the separation has been finalized.

How Does the Court Act To Divide Finances

Couples often ask what powers the court will have to distribute the finances in case of judicial separation. The answer is that separated couples can obtain the same financial orders even after they’re judicially separated. This requires both parties to be fair and honest about their financial matters so that the matters can be decided justly for both parties. However, the court may intercede if one of the two parties is reluctant to provide accurate details of their finances. In that case, the other party can seek legal assistance to force proceedings, just as it happens with divorced couples.

Can the Court Decide Child Custody

The court has the authority to make decisions based on a legal assessment in matters of child custody. Such proceedings are instructed by the dictums of Family Law and are exactly the same as in cases of divorce.

What’s Better Suited to Couples—Divorce or Judicial Separation?

Unless there’s a cultural or religious impediment in the way of seeking a divorce, couples can go down that route as people normally do. However, if there are such stakes involved, judicial separation grants you the same rights without the hassle or label of a divorce.

It’s important to note that even though both processes are similar in legalities, judicial separations are considered a smoother process that doesn’t carry as many social barriers or taboos. For couples wishing to get divorced or separated, judicial separations are easier to prove in court. They don’t need to prove the gradual breakdown of marital ties to get their separation finalized; the court will grant them leave to live separately, cut ties, and proceed legally as separated ex-spouses. The paperwork, red tape, and court proceedings are much less and seamless in this case.

The expert divorce attorneys at Wembley Solicitors have helped countless couples manage their assets, distribute their finances, wills, and trusts in case of judicial separations. We can help you part ways as smoothly as possible. Speak to use at 020 3417 3700 today.