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
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
Hepburn Delaney was established in 2013 by Jane Hepburn and Rebecca Delaney who had worked together for several years before deciding to set up a specialist family law practice. Our intention has always been to provide a niche, bespoke service to clients seeking advice on a broad range of family matters and we remain committed to this approach.
What our customers say about us
"Quite frankly you have been brilliant, supportive and kind, most of all very well informed, professional and very clear on the path to take. You supported me every step of the way and achieved the most positive outcome far beyond my expectations and your support during this difficult time was constant. "
"I found Hepburn Delaney to be totally professional, compassionate and very understanding. All the team have been brilliant to deal with. A special thank you to Rebecca Delaney; without her being at the end of the phone when a crisis happened I could not have coped. I would strongly recommend Hepburn Delaney to anyone who needs a solicitor with the personal touch."
"I would like to thank Gemma for her outstanding work on my case. Her expertise and attention to detail were tremendously valuable."
Authorised and regulated by the Solicitors Regulation Authority and contracted with the Legal Aid Agency. Registered Company Number: 8398060 SRA Number: 592448
Registered office: Hepburn Delaney Ltd, 7, The Progression Centre, Mark Road, Hemel Hempstead, HP2 7DW T: 01442 218090
