9 November, 2007 10:20 AM

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Judicial Separation

Judicial Separation is a means by which married couples can formalise their separation without having to divorce. Many people pursue a Judicial Separation rather than a divorce because of their religious beliefs or if they have been married for less than 12 months or when in certain circumstances it would be financially better for the parties to remain married.

A Judicial Separation brings to an end many of the rights couples can expect from a marriage for example the right to live together. Within Judicial Separation proceedings the parties can regulate their financial arrangements after separation.

As with any family proceedings whilst we would hope to be able to reach an agreement with the other party over the financial arrangements, if this is not possible then the court does have powers within Judicial Separation proceedings to deal with issues of financial provision including maintenance, capital and property. Within a Judicial Separation the court have to be satisfied that there are appropriate arrangements made for the children of the family. If the court is satisfied with the arrangements for the children they will grant a certificate of satisfaction.

 

 

 

 

 

 

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