What is the difference between divorce and separation?
The biggest difference between divorce and separation is that separation DOES NOT legally end a marriage whilst a divorce does.
What is divorce?
Divorce unequivocally ends a marriage and terminates all rights and obligations of the spouses as married partners, including property division, spousal support, inheritance and medical decision making.
Once divorce proceedings have been initiated in court, the parties will be required to wait 20 weeks before they are able to apply for a conditional order (the first stage of a divorce). Once the conditional order has been granted a further 6 weeks wait is required before the parties can apply for a final order. When the final order has been granted, the divorce has been officially dissolved. However, it is important to note that if no financial order has been made then there is no time limit as to when one party could bring a financial claim against the other.
In divorce cases, financial proceedings can be complex and drawn out, especially where parties are not full and frank in their disclosure. In separation proceedings, there is still a financial settlement of sorts, yet the pension is not included in consideration.
What is separation?
Separation does not legally dissolve a marriage; it puts in on hold. This can be a good option for couples who would like time away from their marriage to figure out issues or to decide whether a divorce is something they want. A divorce is a huge decision which will affect the lives of the spouses and any children they have, so it is not something to be taken lightly. Separation can be either formal or informal. Applying to the court for a legal separation will provide some security and clarity on the terms of the separation. Essentially, it is like a contract between the couple as to what the separation will involve, the date of official separation and child arrangements if applicable.
In order to get a legal separation, the couple must first decide if they will apply as a couple or individually. Unlike divorce proceedings, the parties do not need to prove that the marriage has irretrievably broken down in order to secure a separation. However, for many couples, separation can be a steppingstone to divorce so it is important that a separation agreement is done properly.
It is important to note that you cannot get remarried if you are legally separated.
What is a separation agreement?
A separation agreement is a good way to ensure that the terms of separation are clear for both parties. It is not a necessity for separation, but it can be helpful if the couple is planning to divorce, have children to look after or finances to divide.
Who might choose separation over divorce?
You may want a legal separation if you have religious reasons against divorce, you’ve been married less than a year, or you want time and space to work out if you want to end the civil partnership or marriage. It is significantly easier for a couple to reconcile who are separated, unlike a divorce where the couple will have to get remarried.
Ultimately, divorce legally dissolves a marriage and provides a clean break, whilst separation is like pausing the marriage and is generally an option for those who need time away from their marriage, to consider whether they want a divorce or personal reasons such as religion.
Nantes Solicitors can offer invaluable guidance and legal expertise to help you navigate the complex process of divorce or separation. Our experienced team of Divorce Solicitors in Dorset understands the nuances of divorce and separation, and we are here to assist you in making informed choices that align with your specific circumstances. Whether you require assistance with formalising a legal separation agreement or pursuing divorce proceedings, our dedicated professionals will ensure that your rights and interests are protected every step of the way. We recognise that these are life-changing decisions, and we are committed to providing you with the support and legal advice you need during this challenging time.
Contact Nantes Solicitors today, to explore your options and receive expert assistance in matters of divorce and separation in Dorset
