What are the benefits of a Decree of Judicial Separation versus a Divorce?
• One of the parties may have strong religious or personal views about divorce. A Judicial Separation can be obtained as alternative ‘half-way house’. • To obtain a divorce, the parties must have been married for at least 12 months. However, this rule does not apply in the case of Judicial Separation. A Decree of Judicial Separation may be particularly beneficial where there has been a break down of the marriage within the first 12 months and both parties wish to formalise financial arrangements. • It may be difficult to prove that there has been an ‘irretrievable breakdown’ of the marriage, which is necessary in divorce.
