Judicial separation is often used either by couples who have been married for less than one year or for those who don’t wish to divorce but want the court to adjudicate on financial matters. Judicial separation is suitable for parties whose relationship has broken down but who for religious or cultural reasons do not wish to divorce.
It might be suitable for people who might stand to lose financial benefits like a widow or widower’s pension, although with the new rules relating to pension sharing arrangements this can often be overcome.
The factors and procedure for judicial separation as similar to those for divorce but it is not necessary to go to court if the marriage has irretrievably broken down.