Judicial Separation - an alternative to divorce

Under the Divorce, Dissolution And Separation Act 2020 there is no longer a requirement to show grounds or reasons for the separation - this is replaced with a simple statement that the applicant seeks (or if a joint application, both applicants seek) to be judicially separated. You do not need to show that marriage or civil partnership has irretrievably broken down.

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 Order 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. You can apply online at https://www.gov.uk/apply-for-divorce 

For further information see Form D192

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

A Judicial Separation means you will remain married or part of a civil partnership, but you do not have to live together. You can at a later date apply for a divorce/dissolution or annulment, depending on your circumstances.


Nullity - where your marriage is not valid

Relationships & Family Law