An application for judicial separation is sometimes used for religious reasons or moral or ethical grounds. Such an application can be made by either one spouse only or by both together where the parties are married (or in a civil partnership). Unlike divorce proceedings, you can apply for judicial separation if you have been married for less than a year and if you want to proceed quickly with such an application.
The effects of judicial separation are:-
- there will simply be one court order confirming the parties are judicially separated
- as the marriage has not legally ended neither party is free to marry until an order for divorce is obtained
- the parties no longer need to cohabit with each other
- the Family Court can make financial orders between the parties such as transfer of property orders, lump sum payments, maintenance payments and limited pension orders.
- upon the death of one of the parties they will be treated as if they were not married (unless that party has made a will providing for the other party)
- an application for a divorce can be made at anytime in the future provided the parties have been married for a minimum of 12 months
If you are married and for personal reasons you do not wish to apply for a divorce at this stage please contact our Family Law department and we will discuss with you your options including that of making an application for judicial separation.