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What is legal separation?

Legal separation means you remain legally married or in a civil partnership but no longer have the same responsibilities to each other. It’s often called ‘judicial separation’ for marriages in England and Wales.

You can ask for a legal separation for the same reasons that you could choose to file for divorce or dissolve a civil partnership. These could include unreasonable behaviour or desertion, for example.

• Understanding grounds for divorce

• Reasons you can 'dissolve' a civil partnership

How legal separation differs from divorce or civil partnership dissolution

Legal separation does not legally end a marriage or civil partnership. Instead, you get a decree or order from a court to show that you have legally separated.

While you are legally separated, you are not allowed to remarry or enter into a new civil partnership. This is because, in legal terms, you are still married or in a civil partnership.

You can only apply for a divorce or civil partnership dissolution if you have been legally married for at least a year (two years in Northern Ireland). But you can apply for legal separation at any time after you marry or enter into a civil partnership.

Why you might consider legal separation

Some couples prefer legal separation to divorce or ending their civil partnership. You might decide to legally separate because:

• it allows you time apart to decide if you really want to end the marriage or civil partnership
• your religious beliefs conflict with the idea of divorce
• it is difficult to provide proof you need that your marriage or civil partnership has ‘irretrievably broken down’
• you have been married less than a year

Having a separation decree or order can also help speed up the process if you choose to get a divorce or end your civil partnership later on.

How to get a legal separation in England and Wales

The first step is to tell the court that you want to apply for a judicial separation (if you are married) or a separation order (if you are in a civil partnership).

You do this by submitting a form called a ‘separation petition’.

This is the same form that people use if they are starting a divorce – a form D8. You will need to show on the form that you are asking for a judicial separation/separation order and why.

• Form D8 and guidance notes (HM Courts Service website) Opens new window

Filling in a separation petition

You’ll need to complete three copies of the separation petition. One copy is yours, one copy is for the court and one copy is for the court to send to your spouse or civil partner.

Send the forms to the court that you want to handle your legal separation.

You will have to pay a fee – currently £340. But you may be able to get a reduction if you are on a low income or on benefits.

• Find a court (HM Courts Service website) Opens new window

• Court Fees - Do you have to pay them? (HM Courts Service website) Opens new window

Handling finances and property for a legal separation

If you can agree on how to divide your finances or property, you can get a legal agreement drawn up to confirm who gets what. This is called a ‘consent order’.

If you can’t agree, you can apply for a 'financial order'. This is sometimes referred to as an ‘ancillary relief order’ and is a formal arrangement made in court.

• Legal agreements if you split up or separate

• Applying for a financial order

More useful links

• Divorce, civil partnership dissolution and separation in Scotland Opens new window

• Ending a marriage – Northern Ireland Opens new window