THE MARSHALL & GALPIN GUIDE TO JUDICIAL SEPARATION
A divorce can only proceed if the parties have been married for more than a year. If not, either party can apply to the Court for a Judicial Separation on the same grounds as a divorce petition as outlined in the separate guide to divorce proceedings. A Judicial Separation will not bring the marriage to an end and a petition for divorce may still need to be issued where parties eventually wish to bring the marriage to an end. Following a Judicial Separation the Court has similar powers to make financial orders as in divorce proceedings, except in relation to pensions.
The effect of a Judicial Separation is that the parties are no longer bound to cohabit. Following a Judicial Separation, if either party dies without having made a will the deceased’s estate will pass as if the other party to the marriage had already died. If the deceased has made a will the Judicial Separation will not affect the provisions under the will and if property is left to a spouse that spouse will benefit despite the Judicial Separation.
There are certain situations in which a Judicial Separation may have advantages over divorce:-
| 1. | A petition for Judicial Separation can be presented within the first year of marriage when divorce is not allowed |
| 2. | Where one party objects to a divorce on religious grounds they can petition for a Judicial Separation. |
| 3. | Some people are not ready for divorce and find a Judicial Separation less stressful and it is a means for them to deal with the distribution of the assets of the marriage. |
| 4. | The court has power to make orders for sale of the matrimonial home or transfer specific assets from one party to another. |
| 5. | As the marriage is not brought to an end if one party has a pension with death benefits as a spouse the other party may still benefit and they may also be entitled to the widow/widower’s pension. |
For further information, please contact: -
James Stonham (Thame) 01844 219102 email - mailto:james.stonham@marshallgalpin.com
Simon Bassett (Abingdon) 01235 557008 email - mailto:simon.bassett@marshallgalpin.com
Mark Phillips (Oxford) 01865 268630 email - mailto:mark.phillips@marshallgalpin.com
Angela Davies (Thame) 01844 219110 email - mailto:angela.davies@marshallgalpin.com
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