Skip to content

What you need to know about Judicial Separation and Legal Divorce

There are many couples who don’t understand the meaning of divorce and separation and you need to know the difference between them. Well, in general terminology, separation is considered as divorce only in many countries, but in the United Kingdom, both are different. Where divorce is the legal procedure that eliminates the marriage, separation is simple to understand. Separation is a situation when married partners don’t live together. They simply live apart.

Well, there are many situations when couples take the decision to not file a divorce, but mutually agree to live separately. However, you need to carefully choose the options while doing it. The best way is to hire a solicitor who will advise you to choose a right option to go for. To find a good expert you can visit Solicitors.Guru website and select from wide range of agencies and professionals.

Legal separation:

Once you have decided to go for legal separation, you need to go for a Deed of Separation. It is a legal document depicting about some affecting legal things like financial matters, child custody and future plans to divorce or not. Here, the role of the solicitor is crucial as to direct you to it. Before you sign the agreement, you need to have a lawyer at your side to guide you.

Judicial Separation is selected by the couples when there are religious objections to divorce and it follows the same court procedure as divorce. Here, the court will settle different legal disputes like child custody or financial matters. However, when you apply for judicial separation, you cannot remarry. Of course, you don’t have any legal obligation to live together with your partner.

You will be considered as separated by the Benefits Agency and the Inland Revenue when you are living apart.


When you want to go for divorce, you need to show the court that your marriage no longer works. It means that either one or both the partners don’t want to stay married to each other. You have to register an application in the court in England and Wales for the marriage to be dissolved. This application is called petition and the spouse who applies the petition is called Petitioner. The other spouse is called the Respondent.

To get a divorce, you need to prove one of the five facts mentioned below:

a) Adultery

If you came to know about adultery committed by your spouse and you cannot forgive it, you can go for legal divorce.

b) Unreasonable behavior

Unusual behavior by your spouse that has made you vulnerable and you cannot live with it.

c) Desertion

If your spouse has deserted you for more than two years, you can apply for a legal divorce.

d) Two years’ separation

The separation for two years and your spouse is agreed for mutually consented divorce.

e) Five years’ separation

If you have lived separately for more than five years, you don’t need to seek the permission from your spouse to get a divorce.

Hire a lawyer who agrees to take a case at no win no fee basis. It will help you to avoid any financial hassles. More information about what it is you can find out in a special article about no win no fee deals features.