Separation

Separation Advice For Divorcing Couples – Divorce Online

Summary

What is the Difference Between Legal Separation and Divorce?

In Brief, a legal separation allows a married couple to make formal decisions like finances and living arrangements while remaining married, and this process differs from a divorce in several ways.

Firstly, unlike divorce you can seek a legal separation any time after getting married, you don’t have to wait until you have been married for a year. Furthermore, you don’t have to prove the marriage has broken down irr…….

What is the Difference Between Legal Separation and Divorce?

In Brief, a legal separation allows a married couple to make formal decisions like finances and living arrangements while remaining married, and this process differs from a divorce in several ways.

Firstly, unlike divorce you can seek a legal separation any time after getting married, you don’t have to wait until you have been married for a year. Furthermore, you don’t have to prove the marriage has broken down irretrievably to separate, but simply indicate the grounds on which you want the separation to occur.

Also, a separation does not have the same effect on pensions as divorce. As you are still married you can’t obtain a pension sharing order, often the biggest disadvantage to legal separation as opposed to divorce.

More information can be found by reading: Legal Separation Vs Divorce

What is meant by legal separation?

Before entering a divorce many couples decide to separate on a trial basis to resolve disputes. If planning to divorce then it is wise to enter into a separation agreement, and put the agreement in writing, so it can be later referred to during the divorce process to prove consent between both parties.

Furthermore, couples tend to enter a period of separation before they divorce as most divorce cases in England & Wales are based on the ‘separated for at least 2 years’ rule, prior to filing their divorce petition.

What decisions must you take when separating?

There are certain decisions you need to make when you separate from your spouse.

Firstly, if you have children you must make decisions about child maintenance, and decide with which parent they will live and where. These decisions are quite separate from the legal paperwork to officially end your relationship.

If you are married or in a civil partnership you need to divide your assets and property. But please note that dividing assets and property is different if you’re not married or in a civil partnership and reside in England or Wales.

Source: https://www.divorce-online.co.uk/family-law/separation/