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...

Undefended judicial separation (pre‑DDSA 2020; proceedings issued before 6 April 2022): applications for decree, procedure, costs, rectification and rescission (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Undefended judicial separation proceedings issued before 6 April 2022

This Practice Note provides an overview of the process for undefended judicial separation applications that were issued before 6 April 2022. It identifies what the court must consider before granting a decree, and the actions it must take if it is not satisfied on the prescribed matters. It addresses cross decrees, explains when the court may correct a decree, and sets out the procedure for rescinding a decree, together with when a rehearing is appropriate.

The divorce, dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by the changes to procedure under the amended family procedure rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 continue under the pre‑DDSA 2020 law and are not affected by the commencement of DDSA 2020 or the consequential procedural changes. This document addresses the position for proceedings issued prior to 6 April 2022...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...