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Judicial Separation Lawyers in London

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We have specialist solicitors to support you through the most difficult stage in your life.

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Our family solicitors have extensive expertise in working in complex and sensitive cases with care and empathy. Our personalised service will support and uphold your interest in each step of the process.

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Our family solicitors are members of the Resolution.  They are committed to working in a constructive and effective manner. They will put your interest first and ensure that the most cost effective and long term solution is considered in your matter at every stage.

Judicial Separation​

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A decree of judicial separation is a court order that allows you to live separately from your spouse while remaining legally married. Unlike divorce, which dissolves the marriage, judicial separation only ends your marital obligations, such as living together, while you remain legally married.

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With the introduction of no-fault divorce in the UK on April 6, 2022, the process for divorce has become simpler, as you no longer need to assign blame for the breakdown of the marriage. However, judicial separation still remains an alternative if you do not wish to divorce but want to live apart.

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When to Seek Judicial Separation

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Judicial separation might be appropriate if:

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  • Opposition to Divorce: One or both parties are opposed to divorce, perhaps for personal, religious, or cultural reasons.

  • Marriage Duration: If the couple has been married for less than a year (as divorce is generally not available within the first year).

  • No-Fault Divorce Not Suitable: Even with no-fault divorce now available, judicial separation may still be a preferred option for those who do not wish to fully dissolve their marriage.

 

Legal Implications of Judicial Separation

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While judicial separation allows you to live apart, it does not address financial matters or custody issues automatically. You may still need to apply separately for financial orders or child custody arrangements if required.

 

Duration and Process

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The process for obtaining a judicial separation typically takes a few months. It involves filing a petition with the court and attending a hearing. If both parties are in agreement, the process is usually straightforward.

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Rescinding Judicial Separation

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If you later wish to resume your marriage, you can apply to the court to rescind the judicial separation order.

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