Legal Separation

Legal separation — also known as a Deed of Separation or Judicial Separation — allows married couples to formalise the terms of their separation without ending the marriage. It is a distinct option from divorce for those who have religious or personal objections to legally dissolving a marriage, or who cannot yet meet the requirements for divorce.

A Judicial Separation can be applied for in the Family Court at any time — unlike divorce, you do not need to wait until you have been married for at least one year. The court can make orders about finances and children as part of judicial separation proceedings.

A Separation Agreement (or Deed of Separation) is a written contract between the parties setting out the terms on which they will live separately, dealing with matters such as financial responsibilities, property arrangements, and the care of children. While not automatically binding in the same way as a court order, a well-drafted agreement can be persuasive evidence to the court if challenged later.

It is important to note that legal separation does not end the marriage. You remain legally married, and neither party can remarry. If you wish to remarry, you will need to obtain a divorce.

Couples who legally separate must also consider whether their wills, pension nominations, and other financial arrangements need to be updated to reflect their new circumstances.

The family team at Terence Ray Solicitors will advise you on whether legal separation is the right option for your circumstances, and draft clear, comprehensive separation terms.

Contact us on 020 3367 1430 or email info@trsolicitors.co.uk.