Judicial Separation v Voluntary Seperation

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louthman2013

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Just wondering about the difference between a judicial separation versus a voluntary separation, where the separation is amicable. Other than the lack of a pension adjustment provision, are there other differences?
 
It bars you from getting a judicial separation in the future, and all the ancillary reliefs (property adjustment orders etc) should circumstances change. You can come to an agreement and get it made a Rule of Court - effectively getting your separation agreement made into a judicial separation.

However, get competent legal advice dealing with your situation.
 
Seperation Agreement v Judicial Seperation

Thank you for your response. If a separation agreement contains a clause about pensions, can this then be made a rule of court and have a pension adjustment order made? In other words, is it equivalent to a judicial separation for pension purposes? Thank you in advance for your help
 
For something as important as this you should be getting proper legal advice. If it's an amicable situation it won't cost a lot.
 
What's the process involved in getting an agreement made a Rule of Court? The official info seems a little vague here.
 
"The official info seems a little vague here."

What does that mean? That you went into the office and they told you that they cannot give legal advice?

Have you spoken to a/your solicitor? Who would be able to tell you very quickly?

Otherwise, one party issues a Civil Bill, with Affidavits of Means and Welfare ( if applicable) attached and also, if they wish, exhibiting the Terms of Settlement. The other party decides whether or not to enter an Appearance. The Court requires both parties to file an Affidavit of Means. Moving party issues a Motion to rule. Serves it. Court will review the paperwork and decide whether or not proper provision has been made . If yes, the Court will rule the Settlement.

mf
 
I agree a solicitor should be used. But I'm more-so just being curious here. From what you are saying, it sounds like getting an agreement made a rule of court needs to go through the same process as a judicial separation.
 
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