The decision to begin divorce proceedings or formally separate is heavily dependent on individual circumstances, together with factors such as the beliefs of each party and the needs of the family. But how do you know which is right for you? Keep reading to find out more about the differences between divorce and separation.
What is Separation?
Separation can often act as a suitable middle ground in lieu of divorce or dissolution. It does not extinguish the marriage, but allows parties to live separately. Living separately doesn’t necessarily have to be physical, and could mean remaining in the same house but leading distinct lives from one another.
What is a Separation Agreement?
Separation agreements are written agreements between parties that document the terms of the separation. The agreement will address a number of matters, including financial provisions, the division of assets and child arrangements. Though these agreements are not legally binding, parties enter them upon the understanding that they mean to be bound by its terms.
Types of Separation Agreement
There are three main types of separation agreement that couples generally opt for.
Trial Separation
A trial separation allows couples to test out a temporary means of being apart and requires no legal intervention. It’s thought of as a ‘cooling off’ period, allowing couples to reflect on their relationship and get some clarity on the next steps.
Permanent Separation
This is when at least one party has decided that reconciliation is no longer an option, and there is to be a complete, final break in the relationship.
Legal Separation
Also known as ‘judicial separation’, this allows parties to formalise their separation while remaining legally married. A court order is granted to reflect this. Neither party will be able to remarry, and you’ll remain financially attached to each other.
How Does Divorce Differ?
Separation offers flexibility and is typically a quicker process, which is why a lot of couples opt for it over divorce. It suits those whose religious, cultural or moral beliefs oppose divorce. And while it doesn’t formally end the marriage, some couples will choose to separate due to the financial and tax benefits.
On the other hand, if you meet somebody new or no longer want to be financially tied to your ex-partner, divorce is a better option. Divorce formally extinguishes any legal ties between parties. Following the end of proceedings, parties are free to remarry and a binding financial order can be obtained, allowing parties to gain independence.
Divorce Solicitors in Ebbw Vale
At Richards & Lewis, our divorce solicitors in Ebbw Vale will be able to advise you on the implications of separation and divorce, and help you come to a decision that suits you and your family best. For more information, please get in touch.
