How does a legal separation work?
In the eighth of our short films we look at legal separation
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Judicial separation is a formal process which involves a petition for Judicial separation being presented to the Court. The grounds to obtain Judicial separation are effectively the same as divorce. Issuing a Judicial separation petition means that it is possible to make an application for financial provision orders, if necessary, although you cannot get the full range of financial remedies available on divorce.
The common usage relates to a Deed of Separation. If parties separate, they may wish to resolve financial issues without divorcing or dissolving their civil partnership. If so, they can draw up a document which reflects the terms agreed. It must be noted, however, that the Court will not necessarily uphold the terms of the agreement if it is not considered to be fair in all the circumstances. There is therefore a degree of uncertainty. There is also an element of duplication of costs if the parties seek to incorporate the agreed terms into a Court Consent Order when dealing with financial issues when they do divorce or dissolve their civil partnership.
It is sensible to see a solicitor and obtain advice so that you can be sure that obtaining a Deed of separation is in your best interests.