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Divorce & Separation

Judicial Separation

Judicial separation, which many people call legal separation, is a way to formally separate from your husband or wife without ending the marriage. A court recognises that you have separated, and can make orders about money and property, but you stay legally married. People choose it for religious or personal reasons, because they have been married less than a year and cannot yet divorce, or because they want clarity and space without the finality of divorce. As a separation solicitor, our role is to explain whether judicial separation is right for you, set out the trade-offs honestly, and handle the application from start to finish.

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What is judicial separation?

Judicial separation, also known as legal separation, is a formal court order that recognises a married couple have separated, without bringing the marriage to an end. It allows the court to make orders about money and property, and lets you live apart with legal clarity, while you remain legally married and cannot remarry until you later divorce.

In practice it sits between an informal separation and a full divorce. An informal separation has no legal status, which can cause problems later over money, the home and possessions. A judicial separation puts a formal arrangement in place. It does not, however, dissolve the marriage in the way a no-fault divorce does.

Since the law changed on 6 April 2022, you no longer have to give a reason or prove that either spouse did anything wrong. You simply confirm to the court that you want a judicial separation. You can apply on your own, or jointly with your husband or wife.

Who judicial separation is for

It does not suit everyone, because at the end of the process you are still married. It tends to be the right choice in the situations below.

  • You have a religious or moral objection to divorce, but still need a formal arrangement for living apart and for your finances.
  • You have been married for less than a year, so you cannot yet apply for a divorce, but you want legal clarity now.
  • You want time and space apart, and a formal financial framework, without the finality of ending the marriage.
  • You and your spouse agree and want to apply together, or you need to apply alone because your spouse will not cooperate.

How judicial separation works

The process is simpler than divorce, and there is only one order at the end rather than two. These are the main stages.

1. The application

You apply to the family court, on your own as a sole applicant or jointly with your spouse, and pay the £426 court fee. You confirm that you want a judicial separation. You do not have to give reasons or prove fault.

2. The other spouse responds

In a sole application, the court sends the papers to your husband or wife, who acknowledges them. A joint application skips this step. Unlike the old law, your spouse cannot block a judicial separation.

3. The order of judicial separation

Once the court is satisfied that the requirements are met, it makes a single order of judicial separation. There is no two-stage conditional and final order as there is in a divorce.

4. Sorting out the finances

A judicial separation lets the court make most of the same financial orders as a divorce. We help you agree a financial settlement and, where there are children, sensible arrangements for them.

A joint application is only suitable where both of you agree and neither is at risk. If there has been domestic abuse, a sole application is usually the safer route, and we can advise on protection as well. The court fee of £426 is correct as at 24 August 2026, and court fees are reviewed and can change, so please confirm the current figure with us. This page is a general guide and not legal advice on your situation.

Judicial separation compared with divorce

Many people search for legal separation versus divorce. The main differences that matter in practice are these.

  • You stay married. After a judicial separation neither of you can remarry, whereas a divorce ends the marriage and frees you to remarry.
  • No pension sharing. Because you remain married, the court cannot make a pension sharing order on a judicial separation. It can on a divorce. This is often the biggest drawback.
  • No one-year wait. You can apply for a judicial separation at any time after the wedding, while you must be married for a year before you can divorce.
  • You can divorce later. A judicial separation does not stop you divorcing in future, although you cannot simply convert one order into the other.

How we help

Our separation solicitors guide you through every stage, from the first decision to the final order and beyond.

  1. 1

    Honest advice on whether it is right for you

    We talk through your reasons, explain what a judicial separation can and cannot do, and compare it with divorce and with a separation agreement, so you choose the option that genuinely fits your situation.

  2. 2

    Preparing and submitting the application

    We complete the judicial separation application correctly, file it with the court, deal with the paperwork, and keep things moving, so small errors do not cause delays or rejected forms.

  3. 3

    Settling money and property

    We help you reach a fair financial settlement and obtain the court orders available on a judicial separation, while being clear with you about the pension limitation compared with divorce.

  4. 4

    If you decide to divorce later

    If your circumstances change and you want to end the marriage, we advise on moving to a divorce and on how your earlier separation affects the finances, so nothing is lost in the transition.

What is included in our service

  • Clear advice on judicial separation, divorce and the alternatives
  • Preparing and submitting your sole or joint application
  • Dealing with the court and the other side throughout
  • Help reaching a financial settlement and the available court orders
  • Advice on arrangements for any children
  • Support if you later choose to convert to a divorce

Judicial separation work is usually privately funded, and we offer a clear fixed fee so you know the cost from the start. Legal Aid for separation and divorce is limited. It is generally available only where there is evidence of domestic abuse or a risk of harm to a child, and it is means and merits tested. Legal Aid for family mediation is more widely available, and can fund a MIAM and mediation sessions even without evidence of abuse. We will tell you honestly whether you may qualify, and we set out any fee clearly and in writing before any work begins. There is no charge for an initial phone consultation to talk things through.

Common questions

Yes. Legal separation is the everyday name for what the law and the courts call a judicial separation. Both describe a formal court order that recognises a married couple have separated, without ending the marriage. You remain legally married and cannot remarry until you obtain a divorce.

A divorce ends your marriage, so you can remarry, and the court can share pensions. A judicial separation keeps you married, so you cannot remarry, and the court cannot make a pension sharing order. Judicial separation can be used at any time after the wedding, while divorce needs a year of marriage first.

No. Unlike divorce, there is no one-year rule for a judicial separation. You can apply at any time after the marriage. This is one of the main reasons couples who have married recently, but whose relationship has broken down, choose a judicial separation instead.

No. Because you stay legally married, the court cannot make a pension sharing order on a judicial separation. It can make most other financial orders. For many couples the pension point is the deciding factor, and we will always flag it before you choose this route over a divorce.

Yes. A judicial separation does not prevent you from divorcing in the future. You cannot simply upgrade the order, so a fresh divorce application is needed, but your earlier separation does not block it. We advise on the timing and on how your finances carry across.

The court fee for a judicial separation application is £426, paid to the court when you apply. On top of that is the cost of legal help, and we offer a fixed fee so you know the figure from the start. If you are on a low income, Help with Fees may reduce or remove the court fee.

No. Since 6 April 2022 you simply confirm to the court that you want a judicial separation, and your spouse cannot refuse it. If they will not cooperate, you can apply on your own as a sole applicant, and the separation can still go ahead.

Last updated: June 2026.