Separation Laws in the UK
- In the UK, legal separation is an alternative to divorce. It allows a married couple to formalize separation while remaining legally married.
A married couple can legally separate via a UK family court by requesting a decree of judicial separation.
A judicial separation removes the rights and obligations of a marriage--in particular, with regards to finances. However, after the separation has been ordered by a judge, the couple remain married to one another and are therefore unable to wed again unless they get a divorce.
If the couple wishes to become full marriage partners again, it is possible for them to apply for their judicial separation to be rescinded by the courts. - Judicial separations are granted when at least one of the parties is opposed to divorce. In the UK, this is most commonly because of religious or financial reasons, such as with a couple who are prevented from divorcing for religious reasons, or a retired couple for whom divorce would lead to the loss of pensions.
However, judicial separation may also be granted for married couples wishing to separate within a year of their marriage, as they are legally unable to get a divorce for the first 12 months. - A decree of judicial separation can be granted on the same grounds that justify a divorce, which include adultery, unreasonable behavior and desertion.
Unlike with divorce, however, a married couple does not have to prove the irretrievable breakdown of the marriage in order to be granted a decree of judicial separation.
In order for a couple which has obtained a judicial separation to then apply for a divorce, both spouses must consent and have lived apart for two years. Information originally submitted in an application for judicial separation can be used again by the courts during an application for divorce. - Once a decree of judicial separation has been granted by a family court, the married couple is no longer required to live together.
Similar to a divorce case, the court can then exercise its powers to divide matrimonial property.
The married couple seeking a judicial separation must also be aware that the decree can have the same effects on the status of a will as divorce. This means that judicial separation can negate any provision for the spouse in a will unless a new will is made that reinstates them.
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