A comparative Account on Judicial Separation and Divorce

Judicial Separation

The couple applies to the decree of judicial separation and achievement of this removes obligation to co-habit together. This separation can be expected on lands of any one that includes adultery, unreasonable behaviour, desertion, existing partition or no normal marital states between couple.

Divorce

Divorce is a process that involves complete termination of marriage. In Ireland for getting divorce proceedings there should be existing separation of minimum 4years after marriage. If couple meets the required criteria the divorce is issued for complete termination of marriage. This termination involves legal separation of every thing including income, property, children, debts, pensions, house etc.

Difference Between Judicial Separation

JUDICIAL SEPARATION

DIVORCE

This does not involves complete termination of marriage

This involves complete termination of marriage

Judicial separation can be acquired in certain specific situations like adultery, unreasonable behaviour, desertion, existing partition or no normal marital states between couple.

Divorce can be acquired on basis of any reason that lead to disputes and unwillingness of continuation in marriage

In judicial separation court does not considers the act of counseling for couples

However, in divorce court consider all possible measures to retrieve the broken down marriage

There is no time limit for application of judicial separation after marriage. Couple can apply at any time after marriage.

In situation of divorce the marriage should cross expiry date of one year before application process.

There is only one decree of judicial separation allowing couples to separate.

There are two-stage process that involves decree nisi followed by decree absolute to complete the process of divorce.

There are certain provisions of Matrimonial Causes Act 1973, which do not apply in case of judicial separation.

All provision of Matrimonial Causes Act 1973 applies to divorce.

Judicial separation does not involves the existing wills for making order

Divorce involves the existing wills along with other financial inquires for making order

In judicial separation court only issues pension attachment order that has limitations.

In divorce pension-sharing order is issued that involves legal considerations made by court.

 Similarities in Hanlon Services for Judicial separation and Divorce

There are various services offered by Hanlon & Company that includes: -

• The family mediation services in case of judicial separation or divorce that includes communication, negotiation as well as legal advices

• The company helps from initiation till termination of both the processes

• Solicitors provide a clear demonstration of legal norms and conditions that will be involved in divorce or judicial separation

   Differences in Hanlon Services for Judicial separation and Divorce

The difference in services of both processes is due to variance in legal processing of divorce and judicial separation

• There are separate professionals who are specifically skilled in their particular area for either divorce or judicial separation provided by company

•  In judicial separation, solicitor provides every possible negotiation and communication service with opposite parties. However, in case of divorce negotiations are not possible as per legal norms.

 

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