Family Law Services

Separation and Divorce

Please contact our specialist family law team for assistance.

Separation

“NO-FAULT-DIVORCE”

“no-fault divorce” was introduced in England & Wales following the change in law by the Divorce, Dissolution and Separation Act 2020. The procedure has been simplified. Please contact our family law team for assistance.

JUDICIAL SEPARATION

On separation, there are alternatives to divorce especially for those who have a religious objection. There are important distinctions namely:

Judicial Separation will not dissolve your marriage. You will still be married and cannot marry someone else;
Judicial Separation will legally release you from your duty to live together;
Urgent arrangements should be made to review Wills and to review how jointly owned property is held (NB the important distinction between joint tenants or tenants in common);
It is important to note that pension sharing orders can only be made in the context of divorce or nullity proceedings and are therefore not available within judicial separation proceedings;
A clean break order cannot be achieved within judicial separation proceedings as it remains possible for further claims to be pursued within subsequent divorce proceedings;
A judicial separation does not prevent either of you obtaining a divorce at a later stage.
Judicial Separation can impact on your right to seek ‘widows/widowers benefits under pension schemes. An urgent review of pension provisions ought to be carried out to ensure there are no unintended consequences.

Family Services

Gurjit Chahal
Family Law Specialist

0121 236 1985

Mon – Fri: 9:00 am -4:30 pm 
Email family@charlesandco.org if you wish to book a consultation

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