Judicial separation and annulment: when they apply

Two alternatives to divorce, who they suit, and why most people still choose a divorce.

Updated 19 August 2026·5 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

Divorce is not the only way to formalise the end of a marriage, though it is right for the overwhelming majority.

Judicial separation

This is a court order recognising that you live apart while remaining married. It suits people with religious objections to divorce, or who married less than a year ago. It does not allow remarriage and does not give the court the same financial powers, in particular no pension sharing.

Annulment

Annulment says the marriage was void or voidable, for example where one party was already married, the parties are too closely related, or consent was not genuine. There is no one year waiting period.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

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Frequently asked questions

Can judicial separation later become divorce? ▼

Yes, once you are eligible you can apply for a divorce in the normal way.

Is annulment quicker? ▼

Not necessarily, and it usually requires evidence, so it is often more involved.

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