Divorce and separation are terms that are often used interchangeably, but did you know there’s a difference between the two? Keith Bull, Head of the Family & Divorce team at Bromleys Solicitors, explains.
The main difference is that legal separation does not end your marriage. Instead, it allows you to live separately whilst remaining married. There are many reasons a couple might choose to separate rather than divorce, for example they might not believe in divorce for religious reasons or have been married for less than a year and are not able to get a divorce.
Separation is beneficial for some couples as it doesn’t impact the legal title of marriage, meaning certain benefits, for example health insurance or tax benefits, can be kept whilst spouses live their independent lives.
Separation also means assets, such as houses, will remain the property of both parties unless the separation agreement states otherwise. This may be beneficial if neither spouse has the financial means to buy the other out of a property, but don’t want to sell it. A separation agreement can cover a range of issues from child custody to the handling of finances, and often forms the basis of a divorce settlement agreement if that is the route the couple decides to take.
Separation is also a way for a couple to have space to breathe and decide what option is right for them. It gives distance from any conflict that might have arisen in the partnership, and sometimes leads to reconciliation.
Divorce is a process that formally ends the marriage, making both parties ‘single’. It separates spouses legally and financially, and leaves them able to remarry. Since the introduction of ‘no-fault’ divorce in 2022, couples don’t require blame to be assigned to one party to have grounds to divorce, instead it relies on a statement of irretrievable breakdown.
In a divorce, couples will need to decide how to split pensions, property, savings and investments, and will also need to work out how to manage any joint debts. There will also be discussions about child maintenance where relevant.
Divorce is a lengthy process, with a higher fee than legal separation. Every couple is different, and it depends on the circumstances whether a couple may decide to divorce or legally separate.
Whatever your situation, our empathetic team of experts are here to support you. Call us today on 0161 768 1596 or email bromleys@bromleys.co.uk to speak to our team.