Judicial separation application procedure - MCA 1973 s. 17
Either spouse or both may apply for a judicial separation order with a statement; court must grant it. Reconciliation sections 6 and 7 apply.
Either or both parties to a marriage may apply to the court for an order (a “judicial separation order”) which provides for the separation of the parties to the marriage. An application under subsection (1) must be accompanied by— if the application is by one party to the marriage only, a statement by that person that they seek to be judicially separated from the other party to the marriage, or if the application is by both parties to the marriage, a statement by them that they seek to be judicially separated from one another. The court dealing with an application under subsection (1) must make a judicial separation order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sections 6 and 7 above shall apply for the purpose of encouraging the reconciliation of parties to proceedings for a judicial separation order and of enabling the parties to a marriage to refer to the court for its opinion an agreement or arrangement relevant to actual or contemplated proceedings for a judicial separation order , as they apply in relation to proceedings for a divorce order .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section explains how to apply for a judicial separation order. Either one spouse or both spouses together can make the application. The application must be accompanied by a statement of intent: if one spouse applies, they must state that they seek to be judicially separated from the other; if both apply, they must state that they seek to be judicially separated from each other.
The court is required to make the order once the application is made. There is no discretion to refuse it.
The same reconciliation provisions that apply to divorce proceedings (sections 6 and 7 of the Act) also apply to judicial separation proceedings. This means the court may encourage reconciliation and can consider agreements between the parties.
When it applies
- A spouse wishes to live apart legally without divorcing, for example due to religious beliefs.
- Both spouses agree to separate but want to remain married for tax or pension reasons.
- One spouse has left the marital home and the other wants a formal legal order to confirm the separation.
- A couple applies for judicial separation as a preliminary step before deciding on divorce.
- A spouse wants to separate but the other spouse is unwilling to divorce; judicial separation can be applied unilaterally.
What this section does not say
- This provision does not deal with the financial consequences of separation, such as maintenance or property division.
- It does not cover the legal effects of a judicial separation order on inheritance, wills, or pensions.
- It does not address child custody or child support arrangements.
- It does not provide grounds for divorce or nullity of marriage.
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This page reproduces the text of MCA 1973 s. 17 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.