Judicial Separation

You and your spouse can file for judicial separation if you no longer wish to live together, but do not want to get a divorce or are unable to qualify or obtain a divorce yet. Once you’ve obtained a Judgment of Judicial Separation, you and your spouse no longer need to live together and but you will still be considered legally married to each other until you get a divorce.

Both Judgment of Judicial Separation and a Deed of Separation are similar in that they are both legally-binding and enforceable documents stating the mutual decision of you and your spouse to live separately and they will both contain the agreed terms regarding how the ancillary matters such as custody of the children, maintenance and division of matrimonial assets will be handled.

The difference is that the court will decide on any ancillary matters that are not agreed upon in a Judicial Separation but the Court doesn’t get involved in any decision on the terms of separation in a Deed of Separation as long as both parties have mutually agreed on them.

The benefits of a Deed of Separation include the fact that it doesn’t need to be filed with the court after it has been drafted and signed and that it often gives parties more flexibility and freedom to decide the terms for themselves.

You and your spouse may also wish to consider getting a judicial separation instead of divorce to avoid the stress and trauma it creates for children as well as the religious, moral or social stigma possibly associated with divorce, and also to leave room for the possibility of reconciliation in the future.

If you would like to understand more about this subject and how the issues discussed in this article may affect you, get in touch with our lawyers today.