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
