What is judicial separation?
Judicial separation is a legal separation sanctioned by the court.
What is the difference between judicial separation and divorce?
However, the court does not have the power to split a pension as it does with divorce. The court also cannot grant a Clean Break Order because the couple are legally married. This means that a couple remains financially tied to each other, which can have long-term implications.
The process of separation is very similar to divorce proceedings, except it involves just one decree: A Deed of Judicial Separation, whereas a divorce has two decrees: a Conditional Order and a Final Order. Unlike a divorce, a couple does not need to be married for a year to legally separate. A Deed of Judicial Separation can be obtained at any time.
Since judicial separation does not end a marriage, a couple are not free to remarry.