WHAT IS JUDICIAL SEPARATION?
A court process in the County Court, or sometimes in the High Court, to obtain legal recognition that a marriage is over, but which legally allows the marriage to continue. Once a decree of Judicial Separation is pronounced then if you die without a will then your spouse will receive nothing. In some circumstances, and provided that such a claim has not been excluded by court order make a claim against the estate under the Inheritance (Provision for Family and Dependents) Act 1975. Why would anyone want to use this process instead of a divorce? Here are some examples where they might be the case, and why: · The marriage is less than 12 months old and one of the spouses needs to have the finances sorted out by the court before they have been married for that period. · One of the spouses has a religious, cultural or other reason for not wanting to divorce · To protect immigration status What grounds do you need to apply to the court? The grounds are exactly the same as on a divorce link
