Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Judicial separation definition

What does Judicial separation mean? A court order that allows spouses to live apart while remaining married. It is used where parties want a formal legal separation without divorce (for example, for religious or personal reasons) but still need enforceable arrangements for finances, property and, where relevant, children. A judicial separation does not dissolve the marriage and neither party can remarry. In England and Wales, judicial separation is a statutory remedy under the Matrimonial Causes Act 1973 (now termed a judicial separation order). It is typically granted on factual grounds broadly mirroring those historically used for divorce (for example, adultery, unreasonable behaviour or separation), without...

Judicial separation under the Matrimonial Causes Act 1973 (pre-DDSA 2020): five facts, financial limitations, decree effects and subsequent divorce petitions (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note

This note introduces Judicial separation proceedings issued before 6 April 2022. It outlines the need to establish one of the five facts under section 1 of the Matrimonial Causes Act 1973—adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation. It also describes the legal consequences of a decree of judicial separation. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Cases issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural amendments to the Family Procedure Rules 2010, SI 2010/2955. For more detail, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Applications issued by the court on or before 5 April 2022 continue under the pre‑DDSA 2020 regime. Those matters are unaffected by the commencement of DDSA 2020 or by related procedural reform. This document addresses the position for proceedings issued before 6 April 2022. Further legislative amendments have followed DDSA 2020, including to FPR 2010, Pt 7...

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Web page updated on 21/05/2026

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