Learn the steps to apply for legal separation and what to consider during the process
London: As the new year rolls in, many couples find themselves considering separation. The holiday stress, financial strains, or just the urge for a fresh start can push people to this point. But don’t worry, there are clear steps to help you navigate this tough time.
January is often called ‘divorce month’ because many people file for separation right after the holidays. Interestingly, the first Monday after January 1 sees the highest number of filings. On a brighter note, recent stats show a 29.5% drop in divorces in 2022 compared to 2021, marking the lowest rate since 1971.
If you or someone you know is thinking about legal separation, here’s what you need to know. First, decide if you want to apply together with your spouse or go solo. This choice usually depends on whether you both agree on the separation and if there’s no risk of domestic abuse.
If you’re going it alone, that’s okay too. You can apply by yourself if your spouse doesn’t agree or if you think they won’t respond to court notifications. Remember, it’s important to have a support system during this time, so reach out to friends or check out resources like Relate for help.
To start the application, you’ll need to fill out a judicial separation form. Make sure to send three copies to the address listed on the form and keep one for yourself. Don’t forget to include a certified copy of your marriage or civil partnership certificate.
The cost for a legal separation is £402, but if you’re on benefits or have a low income, you might qualify for fee assistance. If kids are involved, you and your ex can usually avoid court if you agree on living arrangements, visitation, and financial support for them.
If you can’t agree on everything, you can ask a court to step in after trying mediation. Just remember, you’ll need to show you’ve attempted mediation first, unless there’s been domestic abuse or social services are involved. Legal aid is typically not available unless you’re separating from an abusive partner.
After you submit your application, the court will check that everything is in order. They’ll send both of you copies of the final order once it’s granted. If you have a solicitor, they’ll receive the final order, so make sure to ask them for a copy.
Once you get that final order, you’re officially divorced and free to move on with your life. It’s a big step, but you’re not alone in this journey.
