Judicial Separation

Judicial Separation

A judicial Separation is a court ordered separtion between spouses. The parties must be married and separated for in excess of one year prior to the Judicial Separtion proceedings issuing. These proceedings are issued in the Circuit Court for the area where the applicant spouse resides or works.

There are formal steps which both parties must follow in the Judicial Separtion case. The Applicant in the case must set out their financial circumstances in an Affidavit of Means.  They must also inform the court about the dependant children of the marriage (children under 18 or 23 if in full time education), Affidavit of Welfare. Finally the applicant spouse sets out the history of the marriage and states the reason why they are asking the Court to Order the spouses to live separate and what steps the applicant wishes the Court to take in relation to Maintenance/ Access (if dependant children), property adjustment/sales, distribution of the assets of the marriage and future maintenance payments and pension adjustments (if either party has a pension).

The proceedings are issued by the Circuit Court and then served on the other spouse (Respondent). The Respondent mas some time to prepare their replying documents which will depend on whether there is a dispute between the parties. If there is  full denial on all fronts the Respondent sets out their position in a Defence and affidavit of means/welfare.