Sometimes divorce is not an option due to moral, ethical or religious reasons or simply because a couple has not been married for a year.
Whether you have gone through counselling or have just realised that you can no longer bear to live with your husband or wife, there is still a way to become legally separated and to be able to live separate lives; this is called judicial separation.
What is a judicial separation decree/order?
Judicial separation confirms that a husband and wife, or individuals within a civil partnership, are legally separated.
You can apply for a judicial separation decree/order at any time after a marriage or civil partnership, as long as you meet the legal requirements. These include providing a valid reason for wanting to legally separate.
Can I still get divorced after a judicial separation?
Yes, after a year of being married you can apply for a divorce.
The divorce process in a nutshell
Firstly, you must have already been married for a year before you can petition for divorce. Once you have petitioned for divorce, you will in due course, be issued with a decree nisi, after which there is a 6 week and 1 day ‘cooling-off period’, before you can apply for a decree absolute; this effectively confirms your divorce.
Divorce and judicial separation advice
If you are considering divorce or separation, it’s always worth speaking to a family law expert so that you can find out what to expect and the processes that you’ll need to go through.
We have three main offices across Leicestershire so feel free to phone or pop in and talk to our family law solicitors at your local office.