Divorce allowed after judicial separation - MCA 1973 s. 4
A divorce may be applied for even after a judicial separation. Previous separation does not bar divorce under MCA 1973 s.4.
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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
A judicial separation is a court order that lets spouses live apart without ending the marriage. This section says that having such an order does not stop you from later applying for a divorce. The divorce process is separate: you still need to show that the marriage has broken down, but the fact you already have a judicial separation is not a reason to refuse the divorce.
When it applies
- A couple obtained a judicial separation two years ago; now one spouse wants to divorce and the other argues they cannot because they are already separated by court order.
- Spouses who separated by court order later reconcile briefly but then decide to divorce; the previous judicial separation does not block the divorce application.
- A person applies for a divorce after a judicial separation, and the court confirms that the earlier order is irrelevant to the divorce petition.
What this section does not say
- It does not decide whether financial orders made during the judicial separation remain in force after divorce.
- It does not mean a divorce is automatic; you must still prove irretrievable breakdown of the marriage.
- It does not apply to informal separation agreements made without a court order.
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This page reproduces the text of MCA 1973 s. 4 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.