Judicial Separation – What You Need to Know

When a marriage breaks down and there is no prospect of reconciliation, many couples opt for a judicial separation to agree the terms of living arrangements and access for children of the marriage.

A decree of judicial separation removes the obligation on a couple to co-habit.Where a marriage has irretrievably broken down, many couples opt for a judicial separation to sort matters between them before they apply for a divorce. It is useful where there are contentious matters surrounding access and maintenance regarding children, the transfer of property and the extinguishment of succession rights, for example. A couple must be living separate and apart for four out of the previous five years before they can apply for a divorce. That period can be lengthy for many couples and so, a judicial separation is helpful in resolving matters until a divorce…

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