The following Family practice note provides comprehensive and up to date legal information covering:
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for not wanting to commence divorce proceedings. The Law Society's Family Law Protocol recommends advising clients of the potential extra expense of obtaining a divorce after a decree of judicial separation. Clients should also be warned that a respondent to a judicial separation petition could, in any event, issue a petition for divorce.
Clients should also be advised that the court's powers in relation to financial orders are more restricted in cases of judicial separation. The court is not able to make a pension sharing order in judicial separation proceedings, only a more limited pensions attachment order. This may be of great significance to some clients.
There is no requirement to wait one year from the date of the marriage before commencing proceedings for judicial separation.
A decree of judicial separation does not end the marriage.
In judicial separation proceedings the court does not have to consider whether the marriage has irretrievably broken down.
Proceedings may be commenced by either party relying on any of the five facts on which a divorce may be commenced, namely:
adultery: see Practice Note: Adultery
unreasonable behaviour: see Practice Note: Unreasonable be
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