Parties can petition for judicial separation if parties do not wish to apply for a divorce for personal reasons.
There is no restriction regarding the length of marriage before parties can petition for judicial separation and there is no requirement to obtain a certificate from the National Registration Department, unlike a single petition for divorce.
In judicial separation proceedings, the court can decide on the following issues similar to proceedings for a single petition:
- Custody and access of children (if any);
- Amount of maintenance to be paid (spousal and/or child);
- Division of Assets.
When the court grants a decree of judicial separation, parties are not divorced. However, parties no longer have to cohabit. Parties can also petition for divorce after a decree of judicial separation is granted.
Our services and support include, but is not limited to the following areas:
- Advising individuals on the steps to be taken prior to judicial separation
- Advising individuals on their rights as to custody of children, division of assets and rights in relation to maintenance payments
- Legal representation in courts for individuals seeking to obtain a judicial separation
- Legal representation in courts for individuals seeking to obtain custody of children (before or after judicial separation)
- Legal representation in courts for individuals seeking to vary maintenance orders
- Legal representation in courts for individuals seeking to enforce maintenance and custodial orders
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