JUDICIAL SEPARATION

The public think judicial separation is what is meant when they talk of separation. Separation is where the parties live apart, but they are not released from their normal marriage duties until they are divorced or have a judicial separation. It is a term that is often used, but they are very rare indeed.

The main reason they are rare is that all the same grounds for a divorce are required for a judicial separation. The judicial separation allows the parties to be released from their obligation for the petitioner to cohabit with the respondent.

It will affect inheritance in that whilst a judicial separation is in force if either of the parties to the marriage dies without a will then the estate of that person will devolve as if their spouse were dead. That is, their spouse cannot make any claim as a surviving spouse.