Separation Agreement / Judicial Separation

A judicial separation is also an agreement that is drawn up between couples who wish to split, but do not want to go till the decree absolute. In other words, it is a legal agreement that they will not live as husband and wife under the same roof anymore, but will retain their married status in all other matters as they want it to be.

Why Do People Get Them?

A judicial separation is advantageous on several counts.

• It allows a couple to remain married, and share the benefits of being so, without having to live with each other.


• For those who are not yet totally decided on divorce, it is a good idea to try this out. If they cannot get over their bitterness, they can always part.


• It may cost less than a divorce if the couple have a good understanding and work everything out in advance.


• It will be easier for children, since they can then undergo less of a trauma.


• In case the partners wish to share certain finances and assets, this is a good arrangement too.


• In most religions, divorce is either forbidden or discouraged. A judicial separation would be a good solution for a couple who wish to part, but still wish to adhere to their religion.

• In the case of judicial separation, the couple is not bound to live together anymore, but is still married. If they are divorced, then that is considered to be a full and final dissolution of the marriage.


• This means that they are not allowed to remarry after obtaining a judicial separation, but divorce allows them to do so.


• There are certain laws pertaining to property and inheritance that will change automatically in case of divorce, but in judicial separation, couples have the choice to specify how they want their property arranged.

• Law firms need to know about it in detail, and recommend it.



• There must be more information on it on the internet, which is flooded with details on divorce.


• Mediators should suggest it to couples as an alternative.


• Counsellors should also do the same.


• The government can carry out an awareness campaign on this.


• Though unlikely, religious help groups can try to suggest this as an alternative.

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James Walsh is a freelance writer and copy editor. If you would like more information on how to get a Separation Agreement, see www.separation-agreement.co.uk

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