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I need more information about Judicial Separation

When married couples separate, the presumption is that the parties will proceed with a Divorce. However, this may not be the course that you or your spouse wishes to take, whether this is for financial, familial or religious reasons.

You may therefore wish to consider a Judicial Separation. This will mark that you are formally separated from your spouse but you are not divorced.

Judicial Separation is a formal process to mark your separation from your spouse. As it does not result in Divorce, you are not entitled to get remarried.

You are not entitled to apply to the Courts for orders relating to finances, however the options are more limited than those available on Divorce. For example, you cannot obtain an order for pension sharing or an order preventing any further financial claims unless a Divorce is obtained

You can also reach agreement about your joint finances by way of a separation agreement. This is a deed that is drawn up between you and your spouse, outlining the terms of your separation and any division of assets or ongoing maintenance.

To apply for Judicial Separation, you must complete a Petition. This is the same form as that for Divorce and Civil Partnership Dissolution and can be found at www.justice.gov.uk/hmcts/forms

At Hepburn Delaney, we offer a number of services to support you through your Judicial Separation. If your Judicial Separation is going to be agreed between you and your spouse, we offer a fixed fee to undertake all the work from drafting the Petition, right through to obtaining the final order. The only additional cost will be the Court fee and any additional work associated with drawing up a separation agreement if required.

Alternatively, if you wish to undertake this work yourself, we are happy to advise you on an ad hoc basis at our competitive hourly rates.

In the event that the Judicial Separation is not agreed, we will advise you of the likely fees at the outset and help you manage your legal costs to your best advantage.

If you decide to proceed with a Judicial Separation, we suggest that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team

The Advice

When married couples separate, the presumption is that the parties will proceed with a Divorce. However, this may not be the course that you or your spouse wishes to take, whether this is for financial, familial or religious reasons.

You may therefore wish to consider a Judicial Separation. This will mark that you are formally separated from your spouse but you are not divorced.

Judicial Separation is a formal process to mark your separation from your spouse. As it does not result in Divorce, you are not entitled to get remarried.

You are not entitled to apply to the Courts for orders relating to finances, however the options are more limited than those available on Divorce. For example, you cannot obtain an order for pension sharing or an order preventing any further financial claims unless a Divorce is obtained

You can also reach agreement about your joint finances by way of a separation agreement. This is a deed that is drawn up between you and your spouse, outlining the terms of your separation and any division of assets or ongoing maintenance.

To apply for Judicial Separation, you must complete a Petition. This is the same form as that for Divorce and Civil Partnership Dissolution and can be found at www.justice.gov.uk/hmcts/forms

The Costs

At Hepburn Delaney, we offer a number of services to support you through your Judicial Separation. If your Judicial Separation is going to be agreed between you and your spouse, we offer a fixed fee to undertake all the work from drafting the Petition, right through to obtaining the final order. The only additional cost will be the Court fee and any additional work associated with drawing up a separation agreement if required.

Alternatively, if you wish to undertake this work yourself, we are happy to advise you on an ad hoc basis at our competitive hourly rates.

In the event that the Judicial Separation is not agreed, we will advise you of the likely fees at the outset and help you manage your legal costs to your best advantage.

The Next Steps

If you decide to proceed with a Judicial Separation, we suggest that in the first instance you attend our initial fixed fee appointment when we can discuss your options in full.

To contact us, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Click on the link to the right and Contact the Family Team