Although not used very often, this is a halfway house that falls short of a divorce but still involves the courts recognising in a formal decree that the couple is living apart.
The marriage still exists, which can be important if there are pension rights that might not otherwise be replaced.
For some, this option may also be preferable because of strong personal or religious views about ending the marriage.
The main advantage over the separation agreement or deed is that the court is involved and so can sort out issues about money or the children.
For example, if your husband or wife is reluctant to hand over details of his or her finances then it is possible to issue proceedings and force that to happen through the courts, just as in divorce proceedings.
Disadvantages
- The same procedures apply (or nearly) as in divorce, so you have to prove the same facts – see divorce: current law.
- There are likely to be the same sort of costs as in divorce.
- If you are the one who does not want the marriage to be ended formally, there is a danger that these procedures might be amended or changed into divorce proceedings by your spouse.