There are many reasons a couple may choose a legal separation rather than a divorce or dissolution: religious or cultural beliefs, having been married for less than a year, or needing time to decide whether the relationship is over.
An informal separation can leave you exposed to disputes over joint assets, household bills and possessions further down the line. A legal separation puts a formal arrangement in place and gives the court the power to decide your finances.
This guide covers legal separation in England and Wales.
The short answer: A legal separation, also called a judicial separation, is a court order that lets a married couple or civil partners live apart and have their finances decided by the court without ending the marriage. In England and Wales, you apply on Form D8S and the court fee is £426. You can apply at any point, including in the first year of marriage, but you cannot remarry unless you later divorce.
Not sure whether legal separation or divorce is right for you? A free 30-minute call with one of our family lawyers will set out your options, with no obligation to go further.
What does legal separation mean?
A legal separation allows you and your spouse or civil partner to separate without formally ending your marriage or civil partnership. It does not stop you applying for a divorce or dissolution later.
Importantly, a legal separation gives the court the power to make similar financial orders it could make on divorce, except for a pension sharing order.
It also affects inheritance. If one of you dies without a Will while the separation order is in force, the other is treated as having already died, so they do not inherit under the intestacy rules. A legal separation does not cancel an existing Will, so an update is advised if needed.
Legal separation vs divorce: what’s the difference?
The main difference is that, unlike divorce, a legal separation does not end the marriage. You can live apart, but you are still married. The process is also generally shorter and simpler, and you do not have to wait until you have been married for a year.
| Legal separation | Divorce | |
|---|---|---|
| Ends the marriage | No | Yes, at the final order |
| Can you remarry? | No | Yes, after the final order |
| Can you apply in the first year of marriage? | Yes | No |
| Court fee | £426 | £628 |
| Court orders | A single legal separation order | Conditional order, then final order |
| Built-in waiting period | None | 20 weeks, then 6 weeks and 1 day |
| Pension sharing order available? | No | Yes |
Why choose legal separation instead of divorce?
People usually choose legal separation because:
- Their religion or culture does not accept divorce
- They have been married for less than a year, so cannot yet divorce
- They want time to decide about the marriage, with a formal arrangement in place
- They want the court to decide their finances now without ending the marriage
How do you get a legal separation?
You can make a sole or joint application, depending on your circumstances:
- Decide whether to apply alone or jointly with your spouse or civil partner.
- Complete Form D8S, the judicial separation application. You do not need to give a reason. UK: get a legal separation
- Send three copies to the court with a certified copy of your marriage or civil partnership certificate and the £426 fee. Help with fees may be available on a low income.
- Wait for your spouse to respond if you applied on your own.
- Receive the legal separation order once the court is satisfied with the application.
- Sort out your finances. If you agree, ask the court to approve a consent order (the fee is £62); if not, you can apply for the court to decide.
Want an experienced lawyer to check your application and financial position before you apply? Rebecca Franklin and our team handle legal separations across England and Wales. Rebecca is an experienced lawyer with over 20 years in family law. Talk to our legal separation team today.
How much does a legal separation cost?
The court fee is £426, and a consent order costs £62 if you reach a financial agreement. Legal fees depend on how much you agree and how complex your finances are. If you later divorce, that is a separate application with its own £628 fee.
How long does a legal separation take?
If a legal separation application is submitted promptly and the court is satisfied with the information provided, it will normally take between seven and ten months from start to finish. It can take longer if the application is incomplete, your spouse does not respond, or you cannot agree on your finances.
What happens to money, property and pensions?
On a legal separation, the court can order spousal maintenance, lump sum payments, and the transfer or sale of property. Child maintenance is usually arranged through the Child Maintenance Service.
The court cannot make a pension sharing order until there is a divorce, so if pensions are a significant part of your assets, this is often the deciding factor. Our guide to pension sharing orders explains why.
What are the disadvantages of legal separation?
Legal separation is unlikely to be the right solution for every couple, which is why specialist advice before you apply matters. The main disadvantages are:
- You remain married, so you cannot remarry without a divorce, although this can help if reconciliation is possible.
- You may pay twice, going through a second process with a £628 fee if you later divorce.
- No pension sharing order is available.
- Your will still stands, so your spouse could inherit unless you change it.
- Less finality than a divorce with a clean break order.
Legal separation or a separation agreement?
A separation agreement, or deed of separation, is a private contract rather than a court order. It is not strictly legally binding, but if it is properly drawn up with full disclosure and independent advice, a court is likely to give its terms serious weight, and many couples later turn it into a binding consent order on divorce.
An agreement should always be drafted by a qualified family lawyer. Our separation agreement solicitors can prepare one, and our guide to whether separation agreements are legally binding explains the risks of informal or interim arrangements.
Can you turn a legal separation into a divorce?
Not directly. If you decide to end the marriage, you make a new divorce application, once you have been married for at least a year, and pay the divorce fee. The legal separation does not prevent or delay it.
How many couples choose legal separation?
Legal separation is far less common than divorce. In our experience, it is chosen most often by couples with religious objections to divorce, those in their first year of marriage, and older couples for whom staying married brings practical benefits.
Frequently asked questions
What are the benefits of a legal separation in the UK?
A legal separation lets the court decide your finances while you stay married. It suits couples with religious objections to divorce, those married for less than a year, and anyone who wants a formal arrangement while deciding about the future.
Do you need a reason to get a legal separation?
No, you do not need to give a reason for a legal separation. Since April 2022, you no longer have to prove adultery, unreasonable behaviour or any other fact.
What should you not do during a separation?
Do not move or spend significant joint money, sign a financial agreement without advice, or stop paying the mortgage. Take advice before moving out of the family home by calling on 0800 321 3832 or completing our short online form.
How do you separate from your spouse in the UK?
You can separate informally, record your arrangements in a separation agreement, apply for a legal separation or apply for a divorce. The right option depends on whether you want to end the marriage and how much certainty you need.
Our legal separation solicitors are here for you
Legal separations and separation agreements can be sensitive, with many complexities to consider. Our team of family law solicitors and chartered legal executives gives you straightforward guidance so you understand exactly where you stand.
For a free 30-minute initial chat, call 0800 321 3832 or complete our online form. For in-depth advice, our detailed case assessment costs £600 plus VAT.
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Woolley & Co, Solicitors is regulated by the Solicitors Regulation Authority (SRA number 563859) and is recognised as a leading firm by the Legal 500.
Rebecca Franklin
Divorce lawyer Birmingham
Written by Rebecca Franklin, chartered legal executive. Rebecca is a divorce and family lawyer based in Birmingham. She qualified as a legal executive in 2004 and is a trained collaborative lawyer.
This article explains the law of England and Wales. Legal separation is dealt with differently in Scotland and Northern Ireland. It is general information, not legal advice on your circumstances.
Last reviewed: 26th October 2026
