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Why do People Get It?
There are some couples who do not want a divorce precisely because there is such a touch of finality in it. A judicial separation would be applicable exactly in cases like this. The process is almost the same as divorce. One has to draw up an agreement here, too, stating what is to be done with the property, who will get the child custody, what is to be done about maintenance, whether the property is to be sold or not etc. Once it is granted, the couple is free to go on their own ways, though they are still ‘married’.
The grounds for getting a judicial separation are also the same as divorce, i.e., it has to be one among the five counts of adultery, unreasonable behaviour, desertion, and separation (with and without consent). It can also be granted after twelve months of marriage. It also goes down much easier on the children, and does not hamper work so much.
What are the Differences between Judicial Separation and Divorce?
There are not too many differences between judicial separation and divorce – but these few factors are the crucial ones.
- Judicial separation does not have the decree nisi or decree absolute as granted by the court in divorce.
- Arrangements for children, money and property can all come as part of the same document. In other words, there are much less forms to fill up.
- A judicial separation does not allow the partners to remarry since they are still legally bound to each other. In other words, they are still ‘married’ even if only on paper.
- For those who may want to consider a reconciliation, judicial separation is a great idea. One may actually cohabit as a married couple for some time, just to see whether the relationship works out when no strings are attached.
- Arrangement for children is given great importance, and the court may not grant a separation if it is dissatisfied with the provisions made.
- Though one has the right to move court over a property dispute as in divorce, this is rarely done. Avoiding a pronounced conflict is one of the major reasons why a judicial separation is preferred in the first place.
Are People Aware of It as an Alternative to Divorce? Awareness about judicial separation is still not adequate. Many people, who would have gone for it, can’t do so, simply because they do not know of its existence. People are looking constantly for easier, faster, cheaper solutions to getting divorce. If they come across an alternative to divorce itself, there are chances that it will be embraced eagerly. The problem is that there is not much information available on it as readily as divorce, and judicial separation badly needs some publicity (no matter how that may sound) as a concept. There is news of celebrating marriage, divorce and cohabitation doing the rounds in the media all the time. A bit of attention on this form of separation would help hundreds of people who don’t know about it, but need it. How to Make People Aware of It? The responsibility of making people aware of this method of easier, quieter, and perhaps cheaper way to end their marital misery should be shared by the government, private firms and the media. The government can educate the counsellors and mediators first, who can then offer it to couples as a solution. Private firms dealing with family law can suggest this method to their clients. Finally, the media has to highlight on the advantages of this method in comparison to divorce. The more people know of it, the
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