Judicial Separation

This article looks at Judicial Separation which is an alternative way for couples to deal with divorce, separation, and financial separation.

It is not regularly used, and the number of separations compared to Divorce is quite small. We deal with both Divorce and Judicial Separation and more specifically where one party is on the verge of Insolvency, i.e. wanting to file for Bankruptcy or is considering entering in to an arrangement with creditors.

Wherever you are in the timeline it is always best to take advice as soon as possible.

The separation after marriage or civil partnership, works by way of a formal petition which is based on the same grounds as divorce proceedings. Some of these grounds would be :

• That the respondent has committed adultery and the petitioner no longer wants to live with the respondent.

• The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them.

• The respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;

• That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to the decree being granted; and

• That the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.

Unlike in Divorce cases, the court will not ask whether the marriage has irretrievably broken down. The marriage would not be dissolved in this way, but the parties no longer have to live with each other, and a court order can be requested at this stage to resolve issues relating to the family finances.

There are so many things to consider when considering Divorce/ separation and so taking professional advice is key.

Next Steps

If you want to find out anything further about this topic then please feel free to call on 0330 236 9930, 0330 236 9938 or 07961 116321. All conversations will be in strict confidence. You can also email vee@navigatebr.com

This article is for information and interest only. It is not a substitute for full professional advice, which will take in to account the specific and individual circumstances. Navigate Business Recovery Limited cannot accept any responsibility for any loss arising as a result of any person or organisation acting or refraining from acting on any information.