Matters of the heart take a long time when it comes to making decisions. If these matters also involve other factors of our life, then the time taken will be even more. Under the existing laws of the land, there is enough breathing space between the various stages of divorce in the UK. Most people believe that this has been done to provide more time officially to the slow moving government machinery that takes a long time doing any kind of paperwork at all. But this is not the only reason why the gaps have been created. The idea is to give enough time for people to think things over between each stage of divorce. This ensures that they have spared some thought to what they are doing, and are in a position to understand the consequences of their actions. Besides, there are a lot of complications involved in certain cases concerning property and money, and the preparation of those legal documents would take some time too. On one hand, we want to speed up the divorce process because the longer it takes, the more we have to spend for it. On the other hand, we need time to decide all those nitty gritties that are part of the massive change that is going to be wrought on our lives. At the end of the day, there are always some people who wish that there was an alternative to divorce that would make things less terrible.
What is Judicial Separation?
Judicial separation is a legal process that allows a couple to separate so that they need not continue living with each other any more, but they can remain married otherwise. This means that they have the choice to continue sharing the same rights and duties as they did as a couple, without being forced to live as one. There is no need to stay under one roof, but they have to clarify the following details just as in divorce:
- What do they wish to do with the property? Who will own the house, what will the other person get in compensation, what is to be done if any of them is planning to sell the house, how to dispose of any land they may be owning – all these issues need to be clearly stated in legal terms – and approved by the court.
- Just like divorce, maintenance will have to be paid by one spouse to the other – since they are separate units now. This amount, the interval at which it will be paid, what is to be done if the financial condition of either spouse changes – everything is worked out in full detail. Prenuptial agreements, or cohabitation agreements, in case they exist, can be taken into consideration though the partners are still legally conjoined.
- Decisions need to be taken about the children too. The couple can choose between single or joint custody rights, and need to work out all details of visitation and child maintenance. Since they are still married, they would both have strong rights over the children.
- The legalities are not so clear about cohabiting and same sex couples. However, the laws are being reviewed and reworked as a lot of attention has been drawn to this nebulous area lately.
- Since the partners are not divorced, the laws pertaining to inheritance as applicable to married couples would be valid for them too, unless they decide to have it otherwise. In that case, they will have to make a separate will, declaring the division of property as they would want it.
Why Judicial Separation?
Admittedly, judicial separation is not such a favourite among couples in Britain. In fact, most people are beginning to favour a clean break now, i.e. as full and final a declaration of the nullity of their marriage as possible, with all the clauses laid out in detail and duly sealed by the law. However, those who favour judicial separation cite the following advantages:
- According to some couples, it is less painful for them and their children. The trauma is much less and the change wrought in their lives is less sharply felt.
- It is easier when it comes to social repercussions too. There would be less hue and cry, and therefore, less gossip. Nosy friends and neighbours won’t be having their hey day.
- Work is hampered less and, therefore, less time and money are wasted.
- This goes down well with people who do not want their marriage but have religious restrictions on getting a divorce.
