Judicial Separation

An alternative to divorce that allows you to live separately while remaining legally married. Understand your options with expert guidance.

What is Judicial Separation?

Judicial separation is a legal process that formally recognises a couple's separation without ending the marriage. It may be suitable for those who don't want or can't obtain a divorce.

When to Consider Judicial Separation

  • Religious Reasons - If your faith prohibits divorce
  • Not Married Long Enough - You can't divorce until married for one year
  • Uncertain About Divorce - Need time apart before final decision
  • Pension and Inheritance - To protect certain spousal rights

How It Differs from Divorce

Unlike divorce:

  • You remain legally married
  • Cannot remarry
  • May retain certain spousal rights (pensions, inheritance)
  • No minimum marriage duration required

Financial Orders

As with divorce, you can obtain financial orders including maintenance, property division, and pension sharing through judicial separation proceedings.

Explore Your Options

Not sure whether divorce or judicial separation is right for you? Our family law team can explain the differences and help you decide.

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