Legal Separation

A legal separation allows you to live apart, without divorcing or ending a civil partnership. You can apply for a judicial separation for the same reasons/grounds you could file for a divorce or end a civil partnership.

You may want a legal separation if:

• you have religious reasons against divorce
• you've been married or in a civil partnership for less than a year
• you want time and space to work out if you want to end the marriage or civil partnership

What is the difference between divorce and legal separation?

The difference between divorce and legal separation is that a divorce ends the marriage, whereas a judicial separation does not.

It's important to understand the differences between the two, as it can help you choose the right option for your individual circumstances. Although judicial separation is quite unusual, there are times when it will be preferable to divorce.

For instance, if religious or cultural beliefs do not tally with divorce, or if one person has developed an illness such as dementia so that divorce seems like an excessive option.

Before you apply for judicial separation

You must decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own.

Making a joint application with your husband or wife

You can make a joint application if both of the following apply:

• you both agree that you should get a legal separation
• you’re not at risk of domestic abuse

If you want to apply for help with fees, both of you must be eligible to qualify.

Applying for a legal separation on your own

Make a sole application if either of the following apply:

• your husband or wife does not agree you should get a legal separation
• you do not think your husband or wife will cooperate or respond to notifications from the court

Arrangements for children, money and property

You and your husband or wife can choose to work out:

• arrangements for looking after any children
• child maintenance payments for any children

You can also divide your money and property.

You can usually avoid going to court hearings if you agree about children, money and property.

How can we help with legal separation?

Judicial separation is a very difficult decision to make and should never be taken lightly. Our team of family law solicitors is aware of the sensitivity of this matter and every individual is in a different situation.

To make your life easier, you can seek expert legal help from the family law solicitors at Western Solicitors. Our team of family law solicitors are highly trained and experienced in all aspects of judicial separation law and will guide and support you each step of the way.

We will cut through the legal jargon and ensure you understand exactly what's happening at all times. Our team of expert family law solicitors will provide the required legal help and guidance with a step-by-step procedure for getting a legal separation in the UK.

We can also act for the respondent to the application for legal separation.