A judicial separation is when a married couple legally separate, but do not end their marriage. It is a formal separation which is sanctioned by the court. There’s no time limit in place, so you can apply for a judicial separation even if you’ve been married for less than a year. A judicial separation enables the court to make orders about the division of property and money.
You also don’t need to prove that your marriage has ‘irretrievably broken down’, although you do need to say on what grounds you want a judicial separation. These grounds are the same as the grounds which would justify divorce. The process involves getting just one decree from the Court – a Decree of Judicial Separation. Once this is issued you’re no longer legally seen as a couple, but you are still married.
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