Legal Separation is officially known a Judicial Separation.
This is where a couple do not divorce but instead apply for a Decree of Judicial Separation.
These are very rare proceedings and basically means
that although you are both seen as married, it is legally recorded that you are no longer a couple. Judicial Separation
is advantageous to those who do not wish to divorce for cultural or religious reasons but want to separate or those that may
wish to divorce in the future and want a record of the separation. There are disadvantages however in that you can lose
out on certain rights and benefits by being separated and in some cases divorce may be a preferred option as it allows
the parties to move on.
The grounds that you would issue a Judicial Separation
on are identical to divorce although it does not have to be proved that the marriage has irretrievably broken down as in the
case of divorce.
A Judicial Separation does not end
the marriage. A Decree of Judicial Separation is granted. A Petition for Judicial Separation can be issued within
the first year of marriage, unlike divorce.
We deal with Legal Separation
on a fixed fee basis. For further details and to instruct us to deal with your Legal Separation contact us.
Frequently asked Questions on Judicial Separation