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...

Pensions on Judicial Separation: Options Where Pension Sharing Is Unavailable, Including Attachment Orders, Offsetting and Death Benefits (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note explains the routes available for dealing with pensions on judicial separation or separation proceedings, where pension sharing cannot be used. It covers, in detail, pension attachment orders and offsetting, together with other possible measures to safeguard pension interests, and the associated procedure, practical valuation, any appeals, and the consequences of remarriage or entering a subsequent civil partnership.

In (judicial) separation proceedings, the court may reallocate benefits arising from pension resources between the parties by:

issuing one or more pension attachment orders, and/or
setting off the value of pension rights against the value of other assets held between the parties

See also Practice Note: General principles—pensions in family proceedings—Options available. Pension sharing is not available in (judicial) separation proceedings, only in an application for an order of divorce, dissolution or nullity. After the separation proceedings have concluded, the parties will remain legally spouses/civil partners—see also Practice Notes: Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020), Grounds for judicial separation (pre-DDSA 2020) and Separation provisions for civil partnership (pre-DDSA 2020)...

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Rebecca Dziobon

Penningtons Manches Cooper

Rebecca is an experienced family lawyer having trained and worked on complex financial and children matters at both City and regional firms for ten years. In 2011 she was nominated for, and appointed as, a member of the Resolution Pensions, Tax and Property Committee. She has authored the LexisPSL Family sections on pensions, insurance and trusts since 2013. In 2015 Rebecca moved into a knowledge lawyer role and is now senior knowledge lawyer at Penningtons Manches LLP. She is responsible for equipping the family team with the best tools to provide excellent client service. She also works collaboratively across the wider firm to devise and deliver business improvement initiatives ...

Web page updated on 21/05/2026

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