If you want to legally separate from your husband, wife, or civil partner without getting divorced then you can get legal separation through a court order.

Need help with the separation application? Start your application with Wembley Solicitors by calling us on 0203 417 3700 or filling out our online enquiry form.

  1. What is a legal separation?
  2. What is the difference between divorce and legal separation?
  3. Before you apply
  4. How to apply for a legal separation?
  5. How long does it take to get a legal separation?
  6. How much does it cost to get a child arrangements order?
  7. Advantages & disadvantages of legal separation
  8. How our family solicitors can help?

A legal separation (also known as ‘judicial separation’) allows you to live apart, without divorcing or ending a civil partnership. Getting a legal separation requires the granting of a court order. If there are any children involved then the Court will make temporary arrangements for financial support, custody, and the care of the children.

A legal separation comes in handy if you are yet unable to decide if you want to end the marriage or a civil partnership. A legal separation, like a divorce, is a written agreement that chalks out the financial arrangements while you two are separated. There is a wide range of areas that it covers.

  • Who will pay the household bills, rent, or mortgage;
  • Who will continue living in the family home and what is to happen to the money if it is sold;
  • What needs to be done with the overdrafts, loans, and any other debts;
  • What needs to be done about the savings, financial assets, and investments;
  • What will happen to the valuables and assets that have been bought jointly such as the car or furniture;
  • The money to be paid for the other partner’s or the children’s expenses;
  • The arrangement of the child care and addressing whom the children will live with and what parental access will be given to either of the parents.

The main difference between divorce and legal separation is that a divorce ends the marriage, whereas a legal separation does not. It is important to understand the differences between the two, as it can help you choose the right option for your individual circumstances.

Before you apply

Before applying for legal separation, you must decide whether you want to make a sole application or a joint application.

You can make a joint application with your husband or wife if you both agree that you should get a legal separation and you are not at risk of domestic abuse. Otherwise, you can apply for a legal separation on your own.

Follow these steps if you are applying for legal separation:

  • Fill in a judicial separation application form D8S
  • Include a certified copy of your marriage or civil partnership certificate
  • Send 3 copies of the application to the Court
  • Keep 1 copy of the entire application for your records
  • Attach a cheque or postal order of £365, payable to ‘HMCTS’

If you need any assistance with your legal separation application, please call us on 0203 417 3700 to get legal advice and help with your application.

You should usually get a decision on your separation application within 6 to 9 months. However, it may take longer depending on the complexity of the matter.

How much does it cost to get a child arrangements order?

The court fee for the separate application is £365. However, you may be able to get some discount if you are on benefits or have a low income.

The Pros

  • It will give you time and space to work out whether you want to end this marriage or want to get back together;
  • Since you both have agreed that you will not be living together, none of the partners can allege that they have been deserted;
  • It gives both parties certainty and clarity.

The Cons

  • It is a difficult thing to enforce;
  • The changes need to be agreed upon by both parties;
  • It is not the final word as the Court can disregard all or some of the contents.

Now that you have read and understood the pros and cons of getting a legal separation. It is important that you get help from a professional and experienced solicitor who can help you with it.

How our family solicitors can help?

Judicial separation is a very difficult decision to make and should never be taken lightly. A team of family law lawyers at Wembley Solicitors has extensive knowledge and experience in dealing with all types of complex divorce and family law matters. We will discuss the possible grounds on which you can apply for legal separation after gathering all the information from you. We will explain to you the court procedures in detail and guide you through every step of the process.

Call on 020 3417 3700 to speak to our family law solicitors in Wembley, London or fill in the enquiry form for immediate advice & assistance with your separate application or any other family law matter.

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