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Novice...separation questions...

  • beckym
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09 Jun 12 #335867 by beckym
Topic started by beckym
Hi, literally just logged in to Wikivorce, as I''m sitting here trying to fill out a D8 and come to a grinding halt. Ok quick introduction; funnily enough separated since July ''11, living apart, two children which we share, very aimacable, I instigated the separation (like brother and sisted relationship) and after talking to people am encouraged to complete a D8 judicial separation Petition form and am stuck on part 5!. What I am after is any help please and advice on way forward with separating and the legalities; with an end result of divorce but was thinking of waiting until two years from last year. Thank you out there, appreciate any feedback, Becky.

  • LittleMrMike
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11 Jun 12 #336039 by LittleMrMike
Reply from LittleMrMike
Becky, why do you want a judicial separation at all ? All it does is relieves the couple from their duty to cohabit and it stops you from using desertion as a ground for a subsequent divorce.

In my experience most people seeking a JS do so for religious reasons which may or may not apply in your case.

But in my case, some 30 years ago now, my marriage had clearly gone, I had no plans to re-marry at the time, I just waited and did it by two years'' separation plus consent. With the benefit of hindsight I''m glad I did.

As long as you think your husband will consent at the end of it then getting a JS is unnecessary expense.


  • beckym
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11 Jun 12 #336071 by beckym
Reply from beckym
Thank you so much, I really appreciate your advice. I have no intention to re-marry at the moment, never say never, but really don''t want to pay out unnecessary costs if we can stay aimacable about the whole situation. I was thinking it was a necessary agreement but you have put my mind at rest.Thanks again, Becky

  • Fiona
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11 Jun 12 #336074 by Fiona
Reply from Fiona
The effects of a judicial separation are much the same as a divorce except the spouses can''t remarry. For that reason a judicial separation can be a bone of contention and unless there are religious reasons judicial separation is fairly rare. The reasons for a judicial separation are exactly the same as for divorce and you could exaggerate your husband''s behaviour (or he yours) and apply using allegations of unreasonable behaviour or wait for two years separation. There is no real advantage to a judicial separation and if you are amicable it should be possible to discuss a divorce between you to reach agreement how to proceed.

If you decide against unreasonable behaviour an alternative would be to divorce after two years separation and negotiate a Separation Agreement to separate the finances. A separation agreement isn''t binding in the same way as a commercial contract but when there is full disclosure, both parties took legal advice and the agreement is fair (complies with the law) it will carry considerable weight. Should there be problems later the court may turn the agreement into an order of the court which is enforceable. The disadvantage is that a solicitor is required to draft a separation agreement and then later when you divorce a Consent Order to finalise the settlement.

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