Judicial Separation

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When a couple cannot agree the terms by which they will live separately, an application to the courts for a Decree of Judicial Separation can be made. The court must satisfied that:

• The grounds for the application exist.
• The couple has been advised about counseling and mediation.
• Proper provision has been made for the welfare of any dependants.

The Decree confirms that the couple is no longer obliged to live together as a married couple. Orders may also be made in relation to custody and access to children, payment of maintenance and lump sums, the occupation and ownership of property, pension entitlements, succession rights, etc.