What Is Judicial Separation, And How Is It Different From Divorce?

You must have heard about the divorce to end a marriage, but most people are unaware of the word judicial separation, which is another type of separation from your spouse.

Keep reading to learn the difference between a divorce and judicial separation.

What is Divorce?

A divorce is a legal procedure that allows a couple to formally dissolve their marriage.

To obtain a divorce in the U.K, you should have been married for more than a year and have evidence that your marital union has broken up beyond recovery.

One of the following five causes can lead to an irreversible breakup of marriage:

• Unfair or Intolerable Behaviour.
• Sexual Relationship with another person or adultery
• Both the partners have been living separately for two years, and both have agreed to divorce.
• Both the partners are living separately for five or more years. The agreement is not necessary for divorce.
• One partner deserted the other one without a reason or agreement.

You can petition for a decree nisi if you can show one or more of these grounds with appropriate proof. The divorce procedure begins with a decree nisi.

If one is given, it means that the courts believe your divorce case is legitimate. After 6 months, you can seek a decree absolute, which legally ends the marriage.

What is Judicial Separation?

A judicial separation enables you to legally separate from your spouse without having to dissolve the marriage officially. There is no time limit for applying, so you will not have to wait a whole year.

Judicial separation does not necessitate the provision of proof or papers demonstrating that your marriage has irreparably broken up. However, it requires you to explain why you seek separation, and these explanations are frequently based on the five grounds listed above.

Because the spouses are officially still married, a judicial separation will not have the same implications on pensions as divorce. This implies you won’t be able to share a pension. This is frequently the major drawback of undergoing judicial separation processes rather than divorce.

Because a legal separation does not end the marriage, neither partner is permitted to remarry until a divorce is achieved.

How Wembley Solicitors Can Help?

If you believe any of the concerns highlighted in this blog may apply to you, Wembley Solicitors have a team of expert divorce solicitors in Wembley Middlesex that can help you. We can go through all of your choices and help you decide on the right way to approach them.

Call us at020 3417 3700 or email our professional family law solicitors at info@wembleysolicitors.comto learn more about what we can do for you.