Divorce Guide

Judicial separation

Nothing lasts forever and so does marriages these days, as the divorce rates are increasing so are the pendency rates in legal cases, the only advice you get from the solicitor or a mediator is to negotiate before you take any step further and decide to go to file a legal divorce application. Judicial separation is one of the ways which can enable a couple to discuss about their marriage. In other words, a legal separation is a procedure, duly sanctioned by the law, when the couple remains married but their usual marriage obligation cease and they are no longer bound to live together.

The separation case deals with the same issues as there are in a divorce case but it takes place with the mutual agreement of both the parties. It includes alimony (spousal maintenance), financial settlements including money, property, family home, assets, bank accounts, any debt or payment of loan or mortgages, if any. In such cases, the individual who is judiciously divorced is liable for pension, after the death of other spouse, which is less likely in a divorced partner.

Reasons for judicial separation

The grounds for judicious separation are almost very same as those of a divorce, whether its adultery, financial dispute or unreasonable behavior etc. Judicial separation is beneficial for those who have not been married for more than three years, as you cannot file for a divorce if you are not at least married for two years, as in that case you cannot establish a ground of irretrievable breakdown of marriage.

There can also be couples who oppose divorce, but need to live out separately to deal with issues they were having and find solutions to come back and resolve their relation.

Procedure for judicial separation

1. The first step in a judicial separation starts with one of the spouses introducing a ‘judicial separation petition’ to the court of law.
2. It is presented with an intention to resolve marriage and not of a permanent divorce.
3. This includes the attachment of documents like affidavit, the original marriage certificate or a certified copy of the same, with other things like a list of possessions and personal assets that need to be divided.
4. The court decides and finalizes on the decision, of ownership of family home, assets, child custody, pension and insurances.
5. Before giving orders in these cases, the court looks into the family income, expenditure, children’s right and interest, and degree of marriage effected by the separation, so that the final decision should not be biased and both the parties are equally benefited in every case.

In a judicial separation, the couple can take back their marriage to the same level anytime by going to the court and canceling the separation agreement with mutual consent.

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