Deciding to separate from a spouse is never easy. For many couples, legal separation offers a practical and emotionally manageable alternative to divorce, particularly where there are religious, financial or personal reasons for not ending the marriage immediately.

As experienced family law solicitors in Ebbw Vale, South Wales, we regularly advise clients who want clarity, protection and certainty while living separately, without taking the final step of divorce.

In this guide, we explain what legal separation is, how it works under UK law, and how to obtain one step by step.

What is a legal separation?

A legal separation (sometimes referred to as a judicial separation) allows married couples to live apart with the court’s formal recognition, without legally ending the marriage. Unlike divorce, you remain married, meaning you cannot remarry, but your financial and practical arrangements can be formally resolved.

Legal separation is recognised under English and Welsh law and can be particularly helpful if you are unsure whether divorce is the right step, or if you need time to sort out finances and childcare arrangements.

Legal separation vs divorce - what’s the difference?

The key distinction is that divorce legally ends a marriage, while legal separation does not. With a legal separation, you remain husband and wife in the eyes of the law, but you are no longer required to live together or support one another financially unless agreed or ordered by the court.

Unlike divorce, you do not need to show that the marriage has irretrievably broken down. This can be important for couples who wish to separate without attributing blame or meeting formal divorce requirements.

Read: Understanding family law

When is legal separation a suitable option?

Legal separation may be appropriate if you need space or time to reflect, if religious beliefs prevent divorce, or if financial or pension considerations make immediate divorce undesirable. Some couples also choose separation to protect assets or formalise arrangements while remaining married for practical reasons.

It is worth noting that legal separation is only available to married couples. Unmarried couples would need to resolve matters through other legal routes.

Step 1: decide whether legal separation is right for you

Before beginning the process, it is important to understand what legal separation can and cannot achieve. While it allows the court to make financial orders and formalise arrangements for children, it does not dissolve the marriage.

Speaking with an experienced family law solicitor early on can help you assess whether separation, divorce or another option is most suitable for your circumstances.

Step 2: consider a separation agreement

Many couples choose to enter into a separation agreement rather than immediately applying to court. This is a legally recognised document that sets out how finances, property, debts and childcare arrangements will be handled while you live apart.

A well-drafted separation agreement can provide clarity and reduce conflict. While not automatically legally binding, it carries significant weight if both parties have received independent legal advice and the agreement is fair.

Step 3: apply for a judicial separation (if required)

If a formal court order is needed, either spouse can apply for a judicial separation through the family court. This involves submitting a petition stating that you wish to separate, along with the appropriate court fee.

Unlike divorce proceedings, there is no requirement to prove fault or irretrievable breakdown. The court’s role is to recognise the separation and enable financial and child-related matters to be resolved.

Step 4: resolving financial arrangements

One of the most important aspects of legal separation is addressing finances. The court can make orders relating to property, savings, debts, pensions and ongoing financial support.

It is vital to understand that without a financial order or separation agreement, financial ties between spouses remain open. This means future claims could still arise, even many years later. Proper legal advice ensures your position is protected.

Step 5: arrangements for children

If children are involved, their welfare will always be the court’s primary concern. Legal separation allows arrangements for where children live, how time is shared, and how decisions are made to be formalised if necessary.

Many parents can reach agreements without court involvement, but where disagreements arise, legal guidance can help resolve matters constructively and in the child’s best interests.

Step 6: living separately and moving forward

Once separation arrangements are in place, both parties can live independently while remaining legally married. This period can offer breathing space, stability and clarity, whether the long-term outcome is reconciliation or divorce.

Importantly, a judicial separation can later be converted into divorce proceedings if you decide to formally end the marriage.

Read: Collaborative divorce explained

Do you need a solicitor for legal separation?

While it is possible to navigate some aspects of separation yourself, legal advice is strongly recommended. Family law can be complex, and small oversights can have long-term financial and legal consequences.

A family law solicitor can ensure your rights are protected, agreements are fair, and any documents or court applications are correctly prepared.

How long does legal separation take?

The timeframe varies depending on whether matters are agreed and whether court involvement is required. A separation agreement can often be finalised relatively quickly, while court proceedings may take several months.

Early advice and clear communication usually help keep delays and costs to a minimum.

Offers a valuable alternative option

Legal separation offers a valuable alternative for couples who need structure and certainty without ending their marriage. Whether you are seeking space, protection or time to decide your next steps, understanding your options is essential.

As family law solicitors based in Ebbw Vale, South Wales, we provide clear, compassionate advice tailored to your situation. Our aim is always to support you through what can be a difficult period, with professionalism, sensitivity and practical guidance.

If you are considering legal separation and would like expert advice, speak to our team of experienced family law solicitors here at Fonseca Law - we’re here to help you move forward with confidence.