Separation

Separation

If you are undecided about whether or not divorce is the right step, we can advise you upon the implications of other options such as a judicial separation or a deed of separation.

Like divorce, judicial separation is a court process but, unlike divorce, the marriage is not actually dissolved. Therefore you would not be free to remarry.

You need to establish grounds for a judicial separation. We will advise you upon the appropriate grounds in your particular case. We can also advise you and act for you in sorting out the financial settlement. This process is the same as in divorce except that it would not be possible to obtain a pension sharing order. For this reason and the reason that the marriage is not actually dissolved, judicial separations are rarely used.

A deed of separation does not involve the court and is usually used to regularise or record a financial settlement until the husband and wife are ready to divorce. For a deed of separation to be effective, you both need to agree the terms of the deed and you should both take legal advice.