The Differences Between Separation and Divorce According To The Law

When a couple decides to live apart, it is never easy and rarely a simple process. Some choose to separate as a precursor to divorce, or in the case of a couple who aren’t married, a separation marks the end of their relationship.

Whatever your situation, you need to understand the legal and practical implications in order to make the right decisions regarding finances, property, and childcare provisions. In this respect, you should consider getting help from a family law solicitor who can provide expert legal advice on the right way to make arrangements to separate or divorce.

Here, we will explain the differences between separation and divorce and how you can navigate the process.

Separation

A couple may decide to separate to take some time apart while they evaluate their relationship while retaining their married status. This does not legally signify the end of the marriage, but it can still impact certain aspects of the relationship.

A couple who decides to separate, whether permanent or not, should always consider making financial agreements to ensure a fair distribution of the assets accrued during their time together. This is especially important if there are children involved.

Financial provision for children usually involves the parent who takes the larger share of childcare, pursuing the other parent for child maintenance. Financial support for children is often the most emotional and complicated aspect of separating, and a legal expert in family law can help find a solution that suits all parties.

Another important consideration during your separation is to make provisions to protect your financial assets and ensure your rights are protected throughout. Joint accounts should be closed, and bank accounts separated. Any online accounts, whether shared or not, should have their passwords changed. If either or both parties have made a will, this should be brought up to date, and estate planning documents should also be updated.

When it comes to shared property, both parties need to agree on how this is to be divided, and discussions should be had on where each party is to live. Where there are children to consider, it is usually advisable to remain in the family home where possible until a suitable arrangement is agreed on. It is often the case that a couple can continue to share the family home with a few changes, such as agreeing to separate bedrooms and how to use common areas like the bathroom and kitchen.

Divorce or Civil Partnership Dissolution

Divorce means the legal end of a marriage, and the dissolution of a civil partnership is conducted along the same legal processes as a divorce, including the caveat that you must have been in the relationship for at least a year before you can apply for a dissolution.

The same considerations apply to civil partners as to married couples. Both partners need to agree to separate their financial arrangements fairly. Child maintenance, spousal support, and property division all need to be addressed and put on a fair and legal footing. Divorcing couples are normally advised to take out a consent order to make agreements legally binding and to prevent either partner from making new financial claims further down the line.

A financial order will outline the terms of any property division, considering any children who may have to stay in the shared home with the primary carer. At this stage, an agreement to sell the property either immediately or when the children are older may be made.

Child custody issues will be agreed upon in the early stages of the divorce, taking into account the children’s best interests.

To protect yourself and ensure fairness for all involved, seek legal advice immediately. Not only can this help make the process smoother, but it will likely lead to fewer upsets.