Judicial Separation

Separation is an alternative to divorce. Compared to divorce, however, the number of marriages that end in separation is relatively small. We can advise on both judicial separation and separation orders for civil partners.

To arrange a separation following marriage or civil partnership, the formal petition would be based on the same grounds as divorce proceedings. These include:

• That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

• That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

• That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;

• That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to the decree being granted; and

• That the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.

However, unlike in the case of divorce, the court will not ask whether the marriage has irretrievably broken down. The marriage would not be dissolved in this way but the parties no longer have to live with each other and a court order can be requested at this stage to resolve issues relating to the family finances.