Separating from your spouse can be a complex and emotionally challenging experience. Many individuals find themselves confused about the legal difference between a separation and a divorce. In this blog, we will explore the key differences between the two and highlight the ways to protect yourself during both processes.
Understanding Separation
Separation refers to the voluntary living apart of a married couple without seeking a divorce. It is a way for partners to take some time apart and evaluate their future together. Some couples may choose to live separate lives on a long-term basis whilst still retaining their official marriage status.
While separation does not legally end a marriage, it can have implications for various aspects of the couple’s lives. These may include:
Financial Arrangements: Separating couples should consider making financial agreements to ensure fair distribution of assets and income. This can include creating a separation agreement to outline the financial commitments to be made by both parties.
Another important consideration during the separation period is protecting your financial assets. This includes closing joint bank accounts, changing passwords for online accounts, and reviewing any estate planning documents to ensure they are up to date. It is also important to consider seeking legal advice to ensure your rights are protected during the separation process.
Child Arrangements: If children are involved, separating couples should discuss and agree upon childcare arrangements – including where the children will spend their time and the financial responsibilities each party will take on. This may involve seeking mediation or legal assistance.
Residence and Property: Separating couples should discuss and agree upon the residence of each party and the division of any shared property. If you have children, it is typically advisable to remain in the family home until a suitable living arrangement can be made. This could involve separating bedrooms but continuing to share common areas such as the kitchen and living room.
Understanding Divorce / Civil Partnership Dissolution
Divorce is the official legal dissolution of a marriage. It is a legal process that allows married couples to separate permanently and terminate their marriage rights. When you divorce or end a civil partnership, you and your ex-partner need to agree on how to separate your finances.
Legal Implications of Divorce
Financial Arrangements: As part of the divorce process, financial issues such as property division, spousal support, and child support will need to be addressed. Couples are advised to obtain a Consent Order to ensure that no financial claims can be made by either spouse later down the line. The court has to ensure that it is fair and reasonable before it can be made legally binding. A financial order drafted by a divorce solicitor can be more likely to meet the court’s criteria than one made without professional guidance.
Child Arrangements: Divorce agreements will usually outline child custody and visitation arrangements, taking into account the best interests of minor children. It is essential to consult with family law professionals to ensure a fair and agreeable agreement.
Residence and Property: A Financial Order will outline the division of any jointly owned property. There are a number of ways that property can be shared. In the simplest form, the property would be sold, and the proceeds would be split. Where there are children, it is often agreed that the property will be retained as a home by one party, with an agreement that it will be sold when the children are older.
Protecting Yourself During Separation and Divorce
The legal difference between separation and divorce is significant. Understanding this distinction and taking steps to protect yourself during the separation and divorce processes is crucial for navigating the complexities of family law. By seeking legal advice, making arrangements for the family home, and preparing a settlement agreement, you can minimize the stress and uncertainty associated with separation and divorce.
For further advice, please contact please contact Anthony Jones, Director and Head of Family Law at O’Donnell Solicitors.