# Judicial Separation Last updated: 2026-11-09 GUIDE • DIVORCE & SEPARATION # Judicial Separation For some couples, divorce is not the right step, even though the marriage has broken down. Judicial separation offers a formal, court-recognised alternative, allowing couples to live separate lives and resolve their finances without ending the marriage itself. This guide explains what judicial separation is, why it may be chosen over divorce, and how it affects finances, pensions and inheritance. Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026 KEY POINTS - Judicial separation is a court order confirming that a married couple is separated. It does not end the marriage. - Neither party can remarry while judicially separated. - It can be applied for at any point, including within the first year of marriage. - The court can make most of the same financial orders as on divorce, but not a pension sharing order. - A couple can still divorce later if their circumstances change. --- ### What is judicial separation? Judicial separation is a legal process under the Matrimonial Causes Act 1973 that formally recognises a couple's separation. Since the reforms introduced by the Divorce, Dissolution and Separation Act 2020 came into force in April 2022, the outcome is known as a judicial separation order. Civil partners can apply for the equivalent, a separation order. Once the order is made, the parties are no longer obliged to live together, but they remain legally married. ### Why might someone choose judicial separation instead of divorce? The most common reasons are religious or cultural objections to divorce, or a wish to remain married for personal reasons while living apart. Judicial separation is also available where a couple has been married for less than a year, when a divorce application cannot yet be made. For others, it provides a period of formal separation and financial certainty while they decide whether divorce is the right step. ### How do I apply for judicial separation? The process mirrors a no-fault divorce application. One or both parties apply to the court online or by post, and the applicant simply states that they are seeking a judicial separation. There is no need to prove that the marriage has broken down irretrievably, or to allege any fault. Unlike divorce, which involves a conditional order and a final order, there is only one stage: the court makes the judicial separation order once it is satisfied the requirements are met. If you're considering judicial separation or divorce, click below to speak to one of our family solicitors in confidence. ### What financial orders can the court make? Once a judicial separation order is made, either party can apply for financial orders. The court can make most of the same orders as on divorce, including maintenance, lump sums and orders transferring or selling property. The key exception is pensions. A pension sharing order can only be made on divorce, dissolution or nullity, so it is not available on judicial separation. The court can instead make a pension attachment order, or take pensions into account when dividing other assets. Because pensions are often among a couple's most valuable assets, this limitation is an important factor when deciding between judicial separation and divorce. ### How does judicial separation affect inheritance? A judicial separation order does not change your will, so anything left to your spouse will still pass to them unless you update it. However, if either party dies without a will while the order is in force, the surviving spouse is generally treated as having died first under the intestacy rules, and will not inherit automatically. As your spouse remains your legal spouse, it is important to review your will and pension nominations at the outset. ### Can we divorce after a judicial separation? Yes. A judicial separation does not prevent either party from applying for a divorce at a later date, provided they have been married for at least a year. Financial matters can then be revisited in the divorce proceedings, which allows the court to make a pension sharing order and achieve a clean break if appropriate. ### Common questions #### Do I have to go to court to get divorced? Usually not, because the divorce itself is dealt with on paper and most financial and children matters are settled without a contested hearing. Mediation, collaborative law, arbitration and solicitor negotiation can all help you reach an agreement without going to court. #### What happens to my will when I get divorced? Once the divorce is final, your former spouse is treated as having died for the purposes of your will, so any gift to them and their role as executor fall away. Until then your will stands as written, so review it as soon as you separate. #### What are the grounds for divorce? There’s only one: the marriage has broken down irretrievably. Since 6 April 2022, no one has to be blamed, and your spouse can’t contest the divorce. #### How long does a divorce take? You can apply for the conditional order after a minimum of 20 weeks, and then for the final order six weeks and a day after that, so around seven months at the earliest. It often takes longer, especially if you wait for finances to be agreed before applying for the final order. #### How much does a divorce cost? The court fee went up from £612 to £628 on 13 July 2026, and Help with Fees can reduce or remove it on a low income or qualifying benefits. Solicitor fees come on top, depending on how much help you need. #### Can we apply for a divorce together? Yes, you can make a joint application or one of you can apply alone. The court fee is the same either way.[](https://osbournepinner.com/?p=40902) #### How long do I have to be married before I can divorce? You must have been married for at least a year. You also need a connection to England and Wales, for example because one of you lives there. #### Does the divorce sort out our finances? No. The divorce ends the marriage, but you need a separate financial order, usually a consent order if you agree, to settle your finances and protect you from future claims. IN THIS GUIDE [What is judicial separation?](#whose-name-is-on-the-deeds) [Why might someone choose judicial separation instead of divorce?](#staying-in-the-home) [How do I apply for judicial separation?](#what-can-happen-to-the-home) [What financial orders can the court make?](#how-the-decision-is-made) How does judicial separation affect inheritance[?](#the-mortgage) [Can we divorce after a judicial separation?](#if-you-are-not-married) [Common questions](#common-questions) PART OF OUR SERVICE #### Divorce & separation We handle both the divorce and the financial order, so nothing is left unresolved. [Read about the service](https://cms.rushtonfamilylaw.com/services/divorce-separation)![](https://rushtonfamilylaw.com/asset/3081/66-39-def/arrow-green.png) RELATED GUIDES [Religious Divorce](https://cms.rushtonfamilylaw.com/guide/religious-divorce/) Responding to a divorce application [Separation Agreements](https://cms.rushtonfamilylaw.com/guide/separation-agreements/) RELATED SERVICES [Expert divorce solicitors](https://cms.rushtonfamilylaw.com/services/divorce-and-separation/divorce/) [Civil partnership dissolution solicitors ](https://cms.rushtonfamilylaw.com/services/divorce-and-separation/civil-partnership-dissolution) [Separation solicitors](https://cms.rushtonfamilylaw.com/services/divorce-and-separation/separation/) [Annulment solicitors](https://cms.rushtonfamilylaw.com/services/annulment) ### How we work An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team. Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which. A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there. **Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.** [Book a consultation](#callback)