Judicial separation

Duncan Lewis Divorce Solicitors – Judicial Separation


Judicial separation is frequently used when there are religious reasons for couples not divorcing.


Judicial separation can also be used by couple who may have been married for a long time – and who do not wish to divorce, but no longer wish to live together as a couple.


Judicial separation is also usually the option of couples who decide to end their marriage before their first wedding anniversary.


A Decree of Judicial Separation means that legally a couple is still married – but the normal legal obligations of married life have ended and they can live separately.


Judicial separation is very similar to getting divorced – and the legal issues are also the same.


The criteria for applying for judicial separation include:

  • Separation for two years (with consent of both parties)
  • Separation for five years
  • Adultery
  • Desertion
  • Unreasonable behaviour (including domestic violence).

Duncan Lewis divorce solicitors offer expert and detailed legal advice to couples wishing to consider judicial separation rather than divorce.


The process of applying for judicial separation involves preparing and submitting to the court a judicial separation petition, which your Duncan Lewis divorce solicitor can advise you on as well as helping you complete the court application.


The court must decide whether the grounds for being granted a Decree of Judicial Separation have been met by the applicant.


Duncan Lewis divorce solicitors are also able to advise on alternatives to judicial separation in divorce matters, including formal or informal separation agreements before divorce.


Duncan Lewis also has successful departments specialising in family and children law, property law and litigation – and in cases of contested divorce or judicial separation, Duncan Lewis can arrange alternatives to court proceedings, including dispute resolution and lawyers supported family mediation services.


Duncan Lewis Divorce Solicitors – Fixed Fee Judicial Separation


Duncan Lewis divorce solicitors offer an initial client meeting with a fixed fee for divorce cases involving judicial separation.


Once the details of a case have been assessed it is usually possible to offer a further fixed fee scale, which clients will be advised of in advance. This fee will include any court costs, including sending a petition to the local court. Clients in receipt of benefits or on low incomes may be eligible for public funding to cover the cost of court fees.


Duncan Lewis advises clients considering judicial separation to get in touch as soon as possible for an evaluation of their case – pre-planning can help make the stress of separating much easier to cope with once there is a legal representative in place and fully appraised of the case if and when you decide to take steps to separate from your spouse or decide to initiate divorce proceedings.


For expert legal advice on Judicial Separation and related family matters, call Duncan Lewis divorce solicitors in confidence on 020 7923 4020.

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