Judicial Separation.

WHAT IS JUDICIAL SEPARATION?

A judicial separation is an alternative to divorce proceedings. It is often referred to as a legal separation and is an alternative often used by people who do not want to live together any more but:

1. Have not been married for a year so can not start divorce proceedings or

2. For personal reasons, such as religious beliefs neither spouse wants to get a divorce

It is possible to first obtain judicial separation and then obtain a divorce later.

The main differences between divorce and judicial separation are here:

WHAT IS A SEPARATION AGREEMENT?

This is a written agreement between two people when they intend to separate from each other. The process is used where neither party is ready for divorce or wishes to formalise the arrangements for living apart.

The agreement can deal with all and any financial matters and assets including; the home the couple live in; maintenance; who will get what part of the CD collection.

If a court becomes involved at the end of a relationship (such as on divorce) then the court would normally uphold the separation agreement providing it was written fairly and took into account all core areas settled on divorce.

Sometimes there are circumstances when an agreement appears unfair to one party. If this is the case, if that party takes independent legal advice the Court would be less likely to set the agreement aside.

The agreement does rely on a full and frank disclosure of both parties’ financial circumstances.

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