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For couples who are married or in a civil partnership, their relationship can be formally ended in terms of separation, through the Court process. Separation can mean either living separately and apart or separately under the same roof.
Some married couples do not proceed to divorce, but prefer to live apart. Ending a relationship is never easy, especially when there are children involved. In addition to issues surrounding the welfare of children, there are also many other issues to resolve such as finances, accommodation needs, to name but a few, and well meaning friends and family can often add to the confusion.
If matters are agreed, then the arrangement can be incorporated into a legally constructed document called a Separation Deed. The Deed is useful to married couples who do not wish to issue divorce proceedings until some future date as it will act as a holding position until a final order can be obtained from the Court.
A Judicial Separation differs from an informal separation in that formal Court proceedings are issued. When a Decree of Judicial Separation is obtained, it releases both parties from a marriage from the obligation of living together in the same way as a divorce. It differs from a divorce, however, in that it does not dissolve the marriage so either party is free to marry.
A Judicial Separation is comparatively rare, but can be used by couples who have an objection to divorce for example, because of religious reasons.
If you would like to discuss separation in the event of a relationship breakdown, contact our Family Departments in Grimsby on 01472 240 251, Louth on 01507 600 610 or Scunthorpe on 01724 847 888.