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FAQs

FAQs

frequently asked questions

General FAQs

The terms are often used interchangeably, but they can mean different things. Judicial separation is a formal legal process through the court that allows spouses to live separately without ending their marriage. Legal separation is a broader term that may refer to simply living apart or entering into a separation agreement without involving the court. Judicial separation results in a court order, whereas an informal separation does not.

You are not legally required to instruct a solicitor to obtain a divorce or judicial separation. However, professional legal advice can be invaluable, particularly if you have children, own property together, have pensions or business interests, or cannot agree on financial arrangements. A solicitor can help protect your interests and ensure that any agreements reached are legally binding.

The cost depends on the complexity of your case. You will usually need to pay a court fee when making an application, and if you choose to instruct a solicitor, there will be legal fees in addition. If you and your spouse agree on matters such as finances and child arrangements, costs are generally much lower than if court proceedings become necessary.

Yes. Mediation is often an effective way to resolve disputes without going to court. An independent, trained mediator helps both parties discuss issues such as finances and arrangements for children with the aim of reaching a mutually acceptable agreement. Mediation is usually quicker, less expensive, and less stressful than litigation, although it may not be appropriate where there has been domestic abuse or significant power imbalance.

You may still be able to apply for divorce or judicial separation in England and Wales if the courts have jurisdiction. International family law can be complex, particularly where different countries’ legal systems are involved, so it is advisable to seek specialist legal advice as early as possible.

Legal aid is not usually available for divorce or financial disputes. However, it may be available in certain circumstances, such as where there is evidence of domestic abuse or child protection concerns, and you meet the financial eligibility requirements.

Pensions are often one of the most valuable assets in a marriage and should not be overlooked. Depending on your circumstances, pensions may be shared between spouses, offset against other assets, or subject to other financial arrangements. It is important to obtain legal advice before reaching any agreement involving pensions.

In most family law cases, each party is responsible for paying their own legal costs. However, the court has the power to make different orders in certain circumstances, particularly if one party has behaved unreasonably during the proceedings.

If you have experienced domestic abuse, your safety and the safety of your children is the priority. The court can make protective orders, such as non-molestation orders or occupation orders, to help keep you safe. Domestic abuse may also affect decisions regarding child arrangements and financial matters. If you are in immediate danger, you should contact the police.

Yes, but only in limited circumstances. An appeal is not simply because you disagree with the outcome. You must usually show that the court made a legal or procedural error, or that the decision was plainly wrong. Strict time limits apply, so legal advice should be sought promptly.

The documents required will depend on your circumstances, but you will generally need:

  • Your marriage certificate (or a certified copy).
  • Details of both parties.
  • Information about any children, if applicable.
  • Financial documents if financial matters are being resolved, such as bank statements, mortgage information, pension valuations, and details of income and assets.

A family business may form part of the matrimonial assets and may need to be professionally valued. The court will consider the value of the business alongside other assets when deciding what is a fair financial settlement. Specialist legal and financial advice is often required in these cases.

Yes. Some couples continue living under the same roof for financial, practical, or parenting reasons while they are separated. This does not necessarily prevent divorce or judicial separation, although it may have implications depending on your circumstances.

It can. Judicial separation does not automatically remove inheritance rights between spouses, as you remain legally married. Divorce, however, generally changes the way your estate is dealt with after death. It is advisable to review and update your Will following separation or divorce to ensure your wishes are reflected.

Separation can affect your tax position and entitlement to certain benefits. For example, it may impact Capital Gains Tax, Council Tax discounts, Universal Credit, Child Benefit, and other financial support. The effect depends on your individual circumstances, so it is sensible to obtain legal or financial advice before making important decisions.

Divorce FAQ

Divorce is the legal process that ends a marriage, allowing both spouses to remarry.

Generally, either spouse or both spouses jointly can apply, provided they meet the legal eligibility requirements.

In many jurisdictions, including England and Wales, you must have been married for at least one year.

In no-fault divorce systems, no. You simply state that the marriage has irretrievably broken down.

It varies by jurisdiction, but it often takes several months, especially if financial or child-related issues need to be resolved.

Yes, in many no-fault divorce systems, one spouse cannot prevent the divorce from proceeding.

Not always. Many divorces are handled administratively unless there are disputes.

Yes. Many people revert to their previous surname, subject to the relevant administrative procedures.

Only after the divorce becomes legally final.

Judicial Separation FAQs

Judicial separation is a court-recognised arrangement that allows spouses to live separately without legally ending the marriage.

Divorce ends the marriage. Judicial separation does not; the spouses remain legally married.

Common reasons include:

  • Religious or cultural beliefs.
  • Personal preference.
  • Not wanting to end the marriage permanently.
  • Financial or pension considerations.

Yes. Courts can often make financial orders even though the marriage continues.

No. Since the marriage remains legally valid, neither spouse can remarry.

Not necessarily. One spouse can usually apply independently

Yes. Many couples later decide to apply for divorce.

No. Parents continue to have the same responsibilities towards their children.

Yes. Because the marriage continues, reconciliation is possible without remarrying.

It may be, depending on the jurisdiction and whether financial matters are contested.