Judicial separation means you will remain married but you do not have to live together and is often a suitable alternative to divorce for those who have a moral or religious opposition to divorce or for older couples where there are real advantages to remaining married from the point of view of pensions by retaining widow or widower’s pension which would be lost on divorce.
You can still apply for financial orders (although not a pension sharing order) and the grounds for judicial separation and the facts that prove that ground as well as the Forms are the same as in divorce.
Nullity means that you ask the Court to end your marriage on the ground that there is some irregularity to make it either void or voidable. You can still apply for financial orders but the Form for the Nullity Petition is different to that of Divorce and Judicial Separation.
With both Judicial Separation and Nullity proceedings you need only apply for one decree.
Emma Palmer, a senior solicitor in our family team has prepared an article in relation to her top ten survival tips for divorce or separation here, as well as some other important factors to consider when giving your separation an MOT here.
Please call us to discuss your circumstances and how we can help you. Our family team are highly experienced and can offer expert advice on all areas relating to Judicial Separation and Nullity proceedings.