Divorce and Judicial SeparationPosted by mark gregory on February 27th, 2018 Some people who separate from their spouse may not wish to divorce, but may still want some legal recognition that the relationship has ended in order to feel that they can move on with their own lives. This article will discuss judicial separation as an alternative to divorce and how it is established. A judicial separation does not legally end the marriage but it does have the effect of terminating all marital obligations. In addition, there is no marriage duration requirement, therefore couples can apply for a judicial separation even if they have been married for less than a year. There are a number of reasons why a person may prefer judicial separation to divorce, including the following:
A Decree of judicial separation can be granted for any of the facts which would justify a divorce, for example, behaviour, adultery, etc. However, it is not necessary to prove that the marriage has irretrievably broken down, i.e. that there is no chance of reconciliation. The procedure for obtaining judicial separation is more or less the same as divorce, the only difference being that, provided that the Court is satisfied that the Petitioner is entitled, there is only one Decree granted in judicial separation, whereas in divorce there are two decrees, namely decree nisi and decree absolute. A judicial separation has three main effects, which are:
Out of these three benefits the second one is of the utmost importance as it allows both parties to enjoy the division of the matrimonial property despite their remaining married. Judicial separation is not used often. For most people divorce would be a much better choice because judicial separation does not really allow people to move on. For legal advice on divorce related matters follow the link find family lawyers near me. Resource Box: If you want to consult a Lancaster law firm the author recommends MG Legal. Like it? Share it!More by this author |