Judicial Separation Agreements - Family Law Partners

Judicial separation

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Judicial separation

Our team of separation solicitors will help you decide whether a Judicial Separation is appropriate for you, the options and when it might be in your interests to start the process.

Judicial Separation

Our team of judicial separation solicitors in Brighton, Horsham, and London will help you decide whether a judicial separation is appropriate for you, the options and when it might be in your interests to start the process.

Our team of separation solicitors will help you decide whether a Judicial Separation is appropriate for you, the options and when it might be in your interests to start the process. We aim to adopt a non-adversarial approach to resolving matters and our separation advice encourages use of Mediation and the Collaborative law model.

Our solicitors are issue-focused and will look to achieve practical and cost-effective solutions with our separation advice. We will consider the options, provide you with guidance and advice and signpost you to other specialist third-party support to assist you through the process.

We follow the Resolution Code of Practice and Family Law Protocol.

Contact our judicial separation solicitors

If you would like an appointment with one of our specialists in BrightonLondonHorshamKentEssexNorth Hampshire & Surrey or South/Mid Hampshire then please contact us on 0330 055 2234.

How can we help?

In the unhappy event of you considering separating, our solicitors will address the following:

Our judicial separation solicitors in Brighton, Horsham, and London will help you to make an informed decision as to whether a Judicial Separation order is appropriate for you and if so, when it would be in your interest to start the process.

Our judicial separation solicitors understand how difficult it can be to go through any kind of separation, so we will spend time advising on how best to minimise the emotional and financial cost, whilst offering you close legal support throughout the entire process.

We will also have in depth conversations with you about any alternatives that may be available to you as there may be other options that are more appropriate to your circumstances.

Our solicitors will also provide tailored legal advice regarding any financial issues arising from your separation, as well as issues involving your children, for example, where they live and the time that they spend with each of you. Matters like these can often become contentious, however, our separation solicitors at Family Law Partners have years of experience in this field and do everything within our power to keep things as calm and amicable as possible.

Another aspect of a judicial separation order to consider is how it will affect any Wills and claims against your respective estates. Our solicitors have specialised expertise in this area and will ensure that you are fully informed of the impact this may have before initiating proceedings.

Please remember Judicial Separation does not have to be a contentious process. Our team of separation solicitors will look at how to manage what can be a difficult and emotive process in a sensitive and amicable way. This may be a good time to consider what options are available to resolve matters, for example, mediation and/or collaborative law.

Why choose us?

Judicial separations are a relatively niche area of family law, meaning it is important to have an experienced separation solicitor by your side throughout the process to make sure everything goes smoothly. Our solicitors have years of experience in this area of the law and have helped many clients obtain successful judicial separation orders. We understand that this can be a distressing process, so we approach each case with compassion, making sure that we are aware and informed of any cultural or religious factors and treating you with the sensitivity and dignity that you deserve.

At Family Law Partners, we value our client’s best interests and will do everything within our power to protect them. We will also handle any complex paperwork that needs completing on your behalf, making sure that all boxes are checked with efficiency and a positive attitude.

Frequently asked questions

What is a judicial separation?

A judicial separation is a formal separation between a married couple that effectively ends any marital obligations that the couple have towards each other but does not end the marriage itself.  This means that the couple will still be legally married, however, they will be permitted to separate their finances as well applying to the Court for financial orders.

This method is used in situations where the couple does not want to legally end the marriage, often due to religious or personal reasons.

How does a judicial separation work?

When beginning a judicial separation application, one partner is required to file a petition within the family court. The court will then take the case into consideration, if successful, the court will then issue a decree of judicial separation.

This is a legal document that will outline the couple’s obligations and responsibilities in terms of property, finances and child custody arrangements. It’s important to note that whilst judicially separated couples are separated, they will remain legally married and will not be able to remarry unless they decide to divorce.

What is the difference between judicial separation and divorce?

Judicial separation differs from divorce due to the legal status of the marriage. Judicial separation as a process allows the married couple to live separately whilst staying legally married, which also means that they are unable to marry anyone else. Divorce, however, completely terminates the marriage, allowing the spouses to remarry if they wish to. It also removes any right each partner has in terms of inheritance or pension entitlements. In a judicial separation, these rights may remain.

What are the benefits of judicial separation?

Obtaining a judicial separation provides many advantages for couples who are facing marital difficulties. Firstly, it allows couples to formally live apart, providing an outlet for individuals who may have personal or religious reasons for not wanting to be divorced, but do not want to remain with their partner. It also maintains the legal status of the marriage allowing certain individuals to still benefit from the rights and benefits of the marriage whilst remaining apart.

Judicial separation helps with and addresses matters relating to children, such as custody, arrangements as well as financial welfare. Judicial separation also provides couples time to reflect on their marriage, enabling them to consider the possibility of reconciliation without immediately getting divorced. Judicial separation is an incredibly important process for those with various cultural, religious or personal reasons for not wanting a divorce.

When might a Judicial Separation be appropriate?

A judicial separation may be appropriate if you wish to remain married but want a formal separation and/or to secure financial orders from the court to protect your position, or when you have been married less than one year, the marriage has not worked and you need to secure financial orders from the court. In some situations, there may be a financial advantage to remaining married. In other cases, you may have some religious or other objection to a divorce.

Contact our judicial separation solicitors

If you would like an appointment with one of our specialists in BrightonLondonHorshamKentEssexNorth Hampshire & Surrey or South/Mid Hampshire then please contact us on 0330 055 2234.

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