Where the parties cannot reach agreement, however, they can apply to the Court for an Order of Judicial Separation. The Court is free to make Orders in relation to custody, access, maintenance, property rights and succession rights.

The Courts also have the right to make what is known as a pension adjustment order which gives one spouse an entitlement to share in the other spouse's pension on retirement. Similarly, a Court can rule that the spouse ceases to have any rights to the other's pension.