Judicial separation order is an alternative to divorce which can be utilised where, for example, religious beliefs forbid divorce.
Reasons to Seek Judicial Separation
A judicial separation order can be sought:
- At any time after the marriage:
- Judicial separations are not subject to the “one year rule”, so this can assist a spouse who seeks to separate within the first year.
- By clients who have religious or moral objections to divorce
Effect
Judicial separation does not dissolve a marriage but brings marital obligations to an end. It has two main effects:
- The court can make the same financial orders as it is entitled to do upon divorce, with the exception of pension sharing or clean break orders.
- Maintenance pending suit.
- Periodical payments.
- Secured periodical payments.
- Lump sum orders.
- Property adjustment orders.
- Pension attachment order.
- Orders for sale.
- The parties’ wills will remain unaffected, unlike on divorce.
- However, if one party dies intestate, their property devolves as if the other party to the marriage had died.
- This means that the surviving spouse will not benefit.
CONTACT US
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This article is for general information only and should not be relied on as legal advice.