Separation

Couples sometimes decide to separate but not to proceed with a divorce for various reasons. If this is the case, the couple can apply for a Judicial Separation, which involves applying to Court, or can formalise their separation with a Separation Agreement.

Judicial Separation

This is mainly used where people do not wish to divorce for religious reasons, financial reasons or because they have not yet been married for a full year. If a couple apply for Judicial Separation they can apply for the same financial orders as if they divorced other than a clean break order or a pension sharing order.

Applying for a Judicial Separation involves virtually the same procedure as applying for a divorce. The main difference is that there is no need to prove nor to express that the marriage has irretrievably broken down.