What Is Judicial Separation?
When it comes to formal separation, one option is Judicial Separation, which must be approved by the court. Typically, this method is chosen when couples are unable to come to mutual terms. It allows the court to release financial and property distribution orders, similar to what would occur during a divorce, without the actual termination of marriage.
What is the Difference Between Divorce and Judicial Separation?
It is crucial to recognise the difference between judicial separation and divorce. Judicial separation releases both parties from their marriage obligations, such as living together but does not legally terminate the marriage. Therefore, neither party can remarry. Divorce, on the other hand, formally and finally ends a marriage.
Causes Admissible in a Court of Law
If you’re considering judicial separation, you must know the acceptable grounds to file the application. Grounds admissible in court include adultery, desertion, inappropriate behaviour, lack of a marital relationship for a year or more or living apart for a year or more.It is also crucial to note that if you already have a separation agreement in place, you may not be eligible for judicial separation.
What Are the Benefits of Judicial Separation?
One advantage is that, unlike divorce, you don’t have to prove the breakdown of your marriage in court. There’s no time limit for when you can apply for it, either. You can apply for it immediately after your marriage. Additionally, wills and inheritances remain unaffected by judicial separation, and pension rights can be preserved. Finally, neither party can remarry with judicial separation.
When Do You Need Judicial Separation?
Factors that may lead individuals to prefer judicial separation to divorce are religious or cultural beliefs that frown upon divorce and the fact that a decree of judicial separationcan be obtained almost immediately after marriage. Furthermore, pension rights are retained, which could otherwise be lost in the event of a divorce. This can also give both parties time to decide if they want to move toward a divorce ultimately.
How Do You File For a Judicial Separation?
If you are seeking to file for judicial separation, the application can be made in either the Circuit Court or the High Court. Family law proceedings are always held in private, with no access to the courtroom for members of the public. It’s critical to note that a decree of judicial separation will not allow you to remarry as with a divorce. You must also have at least one of the permissible grounds to file for judicial separation. For more information on your rights, visit the Family Law Act.
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