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How Does a Legal Separation Work?
Legal separation is an option for couples living in the UK who no longer want to live together but cannot,...
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egal separation is an option for couples living in the UK who no longer want to live together but cannot, don't want to, or aren't yet ready to legally divorce. You can file for a legal separation for the same issues that you would if you were getting a divorce – the benefit of legal separation is that less pressure is put on you to prove your marital problems than in divorce proceedings.
If you are married, legal separation doesn't replace the need to come to an agreement with your spouse regarding parental responsibilities and division of money and property. In order to do this, you can come to an agreement on your own or seek mediation to help you negotiate.
However, you don't necessarily have to be married to get a legal separation – if you are in a civil partnership or common law relationship, you are eligible for legal separation. And even after legally separating, you are still eligible to divorce your partner in the future.
You will need to file a judicial separation petition (Form D8) which can be found and filed online on the Gov.uk website, or at a divorce center. To make the separation official, you must send this petition to the court. At present, you'll need to spend £365 to file for a separation. Financial assistance is available to people who earn a low income or receive benefits, and to people who have had abusive partners.
