Judicial Separation Solicitors

Judicial Separation

Judicial Separation is an alternative form of legal separation for married couples who are separating but, for personal or religious reasons, do not want to Divorce. At the end of a judicial separation process, the parties remain married, but their separation is legally recognised.

As experienced Divorce and Family Solicitors, we have acted for many clients in this situation. If you need to speak to a Judicial Separation Solicitor now, call our team confidentially on 01273 604 123 or email enquire@bbc-law.co.uk.


“ From initial meeting to the end of the case Amelia been fantastic. She was very organised, knowledgeable and very professional at every step. I have been informed about everything and received regular updates. Each time I visit the office everyone was very helpful and had smiles on their faces.”


If you obtain a Judicial Separation, you and your ex-spouse will no longer be required to live together and the Court can divide the matrimonial assets, such as savings and property, in the same way as it can with a Divorce.

If either of you die without making a Will, the other person’s estate will not pass to you as it would normally for a married couple. It is very important that you make a new Will as soon as you Judicially Separate or Divorce. Read more about making a Will.

What powers does the Court have to deal with finances in a Judicial Separation as opposed to Divorce Proceedings?

The same financial orders can be obtained when you become Judicially Separated, except for pension orders which are not included.

If either party is reluctant to disclose details of their finances, it is possible for one party to issue proceedings and force that to happen through the Courts – just as in Divorce proceedings.

Can the Courts make orders regarding children in the case of Judicial Separation Proceedings?

Yes – the Courts have the same powers to make orders in relation to children as they would in relation to Divorce proceedings.

Should I get a Judicial Separation or a Divorce?

If you have personal or religious reasons why you do not want a Divorce, but are separated, then a Judicial Separation might be the best option for you.

Judicial Separation is sometimes seen as the smoother and less stressful option for couples who do not wish to Divorce. While Divorcing couples have to prove that a marital breakdown has occurred, there are no demands from the Court on couples seeking a Judicial Separation to prove that either party is in the wrong.  For a Judicial Separation, the Court does not have to be satisfied that the marriage has irretrievably broken down, which can make the process a lot simpler and less stressful.

Couples are required to have been married for 12 months before they can obtain a Divorce. A Decree of Judicial Separation may be beneficial where there has been a breakdown of the marriage within the first 12 months and both parties wish to formalise financial arrangements.

Who We Are

Burt Brill & Cardens have been serving the people of Sussex and beyond for over 125 years. Sir Herbert Carden founded our Firm in the heart of Brighton in 1893. In 2020, we provide legal services to clients all over the world, but are proud to still be based at number 30 Old Steyne, a stone’s throw away from the famous Brighton Pier. We take great pride in our reputation, which comes not only from a century of providing first-rate legal services, but from the outstanding staff that look after our clients today. We pride ourselves on our integrity, expertise, and client focus.

What Our Clients Say About Us

“Amelia has been guiding me through my case from inception. I’m sure if it wasn’t for her guidance and reassuring manor I would not be where I am today. She is always available and gives you the real personal feel. She has treated my case as if it were her own and I will be forever grateful to her. Her technical law knowledge is also second to none. ”

“Burt Brill(iant) & Cardens…fantastic from start to finish, extremely professional, knowledgeable, competent and reassuring. We couldn’t have wished for a better service.”

“It has been a very stressful time recently during my divorce and financial settlement, but the way I’ve been treated and advised by their Solicitor, has been overwhelmingly satisfying. I’ve been in good hands every step of the way, but it’s the friendly human attitude that makes them different amongst the rest and that’s a calming and reassuring feeling.”

Book your initial consultation

At your consultation, you will discuss your unique situation with an expert family law solicitor. We will talk about your options and next steps, let you know the time frames we expect, and the estimated costs involved. We offer remote meetings by phone or video call if preferred.

To book your consultation, contact our team confidentially on 01273 604 123 or email enquire@bbc-law.co.uk.