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Prettys Solicitors Ipswich

Family law

Judicial Separation

If you are arranging a judicial separation, it is important to get expert advice. A lawyer can help with the arrangements, including financial orders. As family law solicitors, Prettys can advise people in the Ipswich, Chelmsford and across East Anglia who decide to separate. 

What is judicial separation?

For married couples separating, but not wishing to pursue divorce proceedings (normally for religious or personal reasons), judicial separation may be appropriate.  Judicial separation is a formalised, court-recognised method of separating and dividing finances without divorcing.  Judicial separation does not end your marriage, but it does take away the need to live together and to enable you to resolve some financial claims between you as if you were divorced.

Will I need a financial Order?

Yes.  In the same way that a financial Order is sought within divorce proceedings, a similar Order should be sought within judicial separation.  This is a protective measure against future financial claims.

Is there anything that cannot be dealt with financially?

Pensions.  If you and your partner intend to divide and share pension provision, the trustees of the pension schemes will not transfer pensions unless there is a decree of divorce, known as a Decree Absolute. 

What about widow’s/widower’s benefits under pension schemes, are these lost?

No.  You should still be able to claim widow’s/widower’s benefits under a pension even if there is a decree of judicial separation.

If I have a decree of judicial separation, can I divorce?

Yes.  You simply start divorce proceedings in the normal way and make reference to the existence of the judicial separation decree. 

Is there a benefit to judicial separation?

Judicial separations are extremely rare.  Unless satisfying personal concerns, divorce proceedings are likely to be preferable because all financial aspects can be fully satisfied.

What do I do next?

To find out more about arranging a judicial separation, contact the Family Team on 01473 232121, request a call back here or e-mail us here.

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