Filing for Legal Separation: How the Separation Process Works

The only way in which the Court is involved in a separation as opposed to a divorce is if you want to file a petition for judicial separation.  This is a most unusual application.  It is uncommon because, generally parties either separate informally or with a deed of separation - both of which do not involve the Court or; they decide that the marriage definitely at an end and so file through the Courts for a divorce.

Judicial Separation

The process for judicial separation is the same as for a divorce except that you do not obtain a decree absolute at the end.  The marriage is not dissolved.  You obtain a decree of judicial separation but you remain married. 

This may have a bearing for religious reasons or if for any reason the parties wish to retain an interest in the others' pension as a surviving spouse.  A petition for legal separation is in fact a petition for judicial separation and the process is similar to that for divorce.

Due to each couple's individual circumstances, it is always recommended that you seek professional advice, whether you're planning on filing for separation or decide to proceed to file for divorce.

To discuss your individual circumstances, please contact us to make an appointment.

Next: The Separation Agreement

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