Judicial Separation

Again you still need to show one of the above grounds, (see Divorce) but there is no need to show that you have been married for 12 months or more.

Therefore if you cannot obtain a divorce because you have not been married for 12 months or more, you may want to think about applying for a Judicial Separation as this will also allow you to apply for a court order to settle any dispute you and your partner have about the children or about money and property.

To get a judicial separation you need to show one of the same grounds as for a divorce. See Divorce.

A Judicial Separation means you will remain married, but you do not have to live together. You will need a "Judicial Separation Petition". You can use a divorce petition and amend it by deleting any reference to the marriage having "broken down" or that you are seeking a Decree to dissolve the marriage.

You will also need to complete a "Statement of Arrangements" Form, providing the same kind of information you would need to provide for a divorce.

You will also have to submit an original or certified copy of your Marriage Certificate, you may also have to pay a court fee or complete a Fees Exemption Form.