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Peter Collins
Peter Collins,
Category: Family Law
Satisfied Customers: 2063
Experience:  Barrister at Self Employed
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Thanks. I want to know if it is more advantageous for me to

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Thanks. I want to know if it is more advantageous for me to go for a Judicial Separation rather than a divorce? We have been separated for over 5 years. I don't want to get divorced, my husband has instigated it. Our children are all grown up.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I have received a letter from the solicitor and the D8 form from the court which has been tricked as 'divorce' I discussed with my husband yesterday and he was reticent at first but said he will read up on it. I don't have a solicitor ATM as I'm on a very low income.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Southampton, UK
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not really.

Hello, my name is ***** ***** I’ll do my best to assist you today.

I'm just reviewing your question.

Customer: replied 2 months ago.
Thanks
Customer: replied 2 months ago.
Sorry I can't afford a call!

Please ignore the phone call request it is an automated offer, and not me!

Obviously you have either option to consider.

The advantage of a judicial separation is that you have not ended the marriage, so it is not a declaration that the marriage is over.

Customer: replied 2 months ago.
I realise that but I'm a bit confused about the pension side of things. I have a small pension I am getting now. He will have a larger one once he turns retirement age. Does the pension die on his death? If we are separated can I still make a claim on it?
Customer: replied 2 months ago.
We are both going to see a mediator anyway. He has a solicitor and I don't as they all want payment up front as far as I'm aware.
Customer: replied 2 months ago.
My husband 'thinking' about judicial separation. I have backed him to research it and/or speak to his solicitor. His initial reaction was that he just wants a 'clean break'.
Customer: replied 2 months ago.
asked him

OK.

Pensions - you can't claim on under a judicial separation. You would need to be divorced to apply for a pension sharing order.

Other finances can be agreed though under a judicial separation.

Mediation is obviously a requirement and it will clarify the issues, I hope.

Customer: replied 2 months ago.
Thanks, ***** ***** it is the same as divorce but I can't touch his pension? In any case he wants us to sell the house so he can get a mortgage and buy himself one. So I would be better off going for more of the equity value of the house and not touch his pension if we just go for the judicial separation?

If that is something you feel is fair in the circumstances it could work for you, yes.

Customer: replied 2 months ago.
Okay thanks but basically you are saying I can't touch his pension unless we are divorced when a pension sharing agreement can be made?

Yes. That's correct, as you are still technically married a court cannot divide the pensions.

Customer: replied 2 months ago.
Okay, thanks. I have to go now but I presume I can come back to ask more questions in the next 7 days?

Yes of course.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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