Sometimes when married couples choose to separate, divorce is not an option. This frequently happens because of religious reasons where culturally divorce is not accepted. Our family law solicitors at Rees Clayton Solicitors are skilled at finding workable solutions that provide our clients access to a variety of financial orders in the family court and are sensitive to the complexity of such circumstances.
What is Judicial Separation?
A judicial separation is a formal split that the court has authorized. It involves more than merely approving the separation of a couple who have decided to live apart. It gives the court the ability to issue financial and property distribution orders, much like those that might be issued during a divorce, without ending the marriage.
Because they are still legally married to each other at the end of the process, most people do not find a judicial separation to be a wise course of action. However, there are times when it is used by couples who have a moral or religious objection to divorce, want to settle financial matters upon separation but have not yet been married for a year, or in situations where there may be a financial benefit to staying married, such as when there is a sizable age gap between the couple and their respective pension plans.
How does a Judicial Separation differ from a Divorce?
Judicial separation and divorce have a few significant differences. The fact that pension sharing orders cannot be granted during legal separation procedures is arguably the most significant distinction. Given that retirement benefits are sometimes the most valued asset in a case, this is a very substantial disadvantage. The other significant difference is an obvious one: with a judicial separation, the marriage itself will remain intact, unlike with a divorce, where the parties are thereafter allowed to remarry.
We’re here to Help You
Please do not hesitate to contact our knowledgeable family law solicitors at 0330 053 6767 if you are thinking about a judicial separation and would want more information.