Relationships are complicated, and it’s never easy when you’re simply not getting along to know whether a short separation will help or if things have gone too far, and maybe divorce is the only option.
However, before reaching straight for those divorce papers, you do have another option – legal separation.
Similar to divorce but with one significant difference – you can remain married while separated.
Of course, everyone’s circumstances are different, and it’s important to take some time to understand the options available.
As experienced family solicitors, Ipswich, we take a look in this post at divorce and legal separation further, outlining the advantages and disadvantages so you can make the most appropriate decision for you.
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Legal separation vs. divorce
When you’re experiencing problems in your relationship, it can often be difficult to make the right decision for you with such decisions made in the heat of the moment and the phrase “divorce lawyer near me” appearing in your search history on Google.
However, you do have choices.
For example, taking a more formal separation can provide you with the element of time. Time to reflect on what is right for you and what you really want.
Especially as a separation means you can live separate lives while still having the same financial protection as divorce.
Separation and divorce
A separation is where both parties live separately but remain married.
Not all separation agreements are legally binding but in some cases an informal agreement between both parties. This informal document is something you can create between yourselves and should cover what happens to your home and who can continue living there, arrangements for children, who is responsible for paying the bills, mortgage, debts, etc.
However, informal agreements are not easy to enforce if one party doesn’t stick to the agreement; both parties must also agree to any changes, which can sometimes be complicated, and the court can disregard some or all of the content in the separation agreement as they see fit.
And we understand that not everything can be agreed upon in such an informal manner. In these instances and to make your separation `legal,` you can apply to the courts for a separation order, known as a judicial separation.
This Judicial separation order will support the end of all marital obligations and outline rights and responsibilities during separation, as well as the division of assets and belongings shared by the parties but cannot deal with pensions. If there is a judicial separation you can also obtain a financial order that will also outline all financial deals and arrangements post-separation.
When considering separation or divorce in the UK, judicial separation is only used in extreme circumstances, for example, when the parties wish to separate but remain married due to religious beliefs.
If you separate and agree financial matters then the agreement that you put in place can protect your interests until a decision to divorce or reconcile is made, and it is vital that you’re happy with your separation agreement if you do opt for divorce, as a judge may use this, if it has been working, as the basis of your divorce agreement.
The benefits of separation vs. divorce in the UK include:
- Parties remain married but no longer have to live together.
- May retain certain financial/tax benefits.
- It can reduce tensions.
- Solution if you have been married for less than a year.
- There is always the potential for reconciliation.
- Often no conflicts on the division of assets if the situation moves to divorce proceedings.
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Divorce or separation
A divorce completely dissolves a marriage, meaning if you and your partner have decided to go your separate ways, divorce could be the best option for you.
If there is no chance of a reconciliation, divorce allows you to divide your assets and in some cases have no ongoing financial obligations toward the other party. In other words, divorce ends everything, emotional, physical, and financial.
You can’t contest divorce proceedings unless you believe you’re not married in the first place or the county the divorce application is submitted does not have jurisdiction.
Legal separation or divorce, UK
Note: In the UK, a divorce can only be granted if the parties have been together for over a year and you have a legal reason requesting a divorce, for example, showing that the relationship has “irrevocably broken down.”
The benefits of divorce vs. separation include:
- Decisions made by the court are final.
- You can get remarried.
- Pensions and health/life insurance can only be settled via divorce, not separation.
- You can move on with your life with no ties.
- Financial claims against each other can be dismissed
Family Solicitor Ipswich
If you’re looking for impartial advice around divorce and legal separation, look no further than our experienced and professional team at Gillbanks Family Law.
We understand that in these circumstances, there is a lot of information and elements to consider.
And we also know that your choice and the decision you make is personal to you.
That’s why we provide tailored, unbiased advice suited to you and your circumstances.
Book an appointment with our team today and see how we can help you.
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