What Is Legal Separation
Legal separation (technically called judicial separation in England and Wales) is a court order that relieves the parties of the obligation to live together as husband and wife. It is not a divorce -- the parties remain legally married. It does not allow either party to remarry.
When Legal Separation Is Used
Answer three quick questions and get a personalised action plan for your exact situation.
What Do I Do Next? -- FreeLegal separation is relatively uncommon in England and Wales since the introduction of no-fault divorce. It tends to be used where: the parties have religious or personal objections to divorce but want formal recognition of the separation, where one party wants to access pension benefits that would be affected by divorce, or where the parties have not been married for a year (the minimum period for divorce).
Financial Consequences
A legal separation can deal with financial matters in the same way as a divorce -- property division, pension sharing, maintenance, and lump sum payments. The court has the same financial remedy powers as in divorce proceedings.
The Alternative: Living Separately
Most couples who separate simply begin living apart without any formal legal process. This is perfectly lawful. Two years of separation with consent (or five years without) was formerly a ground for divorce. Under the current no-fault system, you can apply for divorce at any time after marriage without needing to establish a period of separation.
Should You Apply for Legal Separation
For most people, if the marriage has broken down, divorce is the appropriate route. Legal separation is a niche remedy for specific circumstances. If you are considering legal separation rather than divorce, take legal advice on your specific situation before deciding.