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In the UK, most people choose to divorce when their marriage breaks down. In fact, statistics show that around 42% of marriages end in divorce. However, there are other options. Rather than getting a divorce, some couples choose to separate, either informally or legally.
Thank you for reading this post, don't forget to subscribe!Regardless of how your relationship comes to an end, there is no denying that the process is challenging and often complex. It can be particularly distressing if there are children involved. This is why it’s crucial to have the right legal support and advice when you need it.
In this blog from the legal experts at Wayman & Long, we are going to explain the difference between legal separation and divorce.
A divorce is a legal and definitive end to your marriage or civil partnership. A divorce can be initiated by either spouse and may be granted providing that the marriage is legally recognised, has lasted over a year and has permanently and irrevocably broken down.
A legal separation is different from a divorce as it allows you to separate from your spouse, including living away from the marital home, without ending the marriage.
Legal separation is not right for everyone. Some couples may be set on ending their marriage, and oftentimes, divorce is the only option left. For those not quite ready to end their marriage, legal separation may feel one step too far in the wrong direction. In this case, an informal separation may be more appropriate (we’ll come back to this!).
Legal separation is an effective alternative for couples who cannot divorce as they have not yet been married for 12 months or their religious beliefs do not align with divorce.
Similarly, legally separating is an option worth exploring if you or your spouse needs time and space apart to work out whether or not to continue with the marriage. As legal separation is not as definitive as divorce, it is often a good option for couples who are considering ending their marriage but are not yet ready to divorce officially.
In the UK, getting a legal separation costs £415 and involves filling out a judicial separation application form either on your own or as a joint application with your spouse. This written agreement will detail the arrangements for your children (if applicable) and fair division of your finances and property, providing you both agree.
If you cannot agree, you may have to attend a court hearing. To avoid this, a Mediation Solicitor may be able to help. A solicitor can act as a neutral third party and provide a safe space for open communication to amicably agree on childcare arrangements and the division of assets.
Informal separation is often referred to as a “trial separation”. It involves separating from your spouse without the legalities of a legal separation or the irreversible implications of divorce. Some couples even remain living together through an informal separation but live separate lives.
For many couples, an informal separation is the first step towards formally ending the marriage. Whereas for others, it provides the space and time needed to try and repair the marriage or relationship.
Although it is not a legal process, you may want to seek the advice of a Family Law Solicitor or Divorce Solicitor prior to informally separating. An experienced solicitor will offer guidance and may also be able to draw up an informal separation agreement detailing the date of the separation and the new arrangements relating to children, finances and property etc.
Separating, in any form, can be incredibly distressing for children. It’s usually the conflict, rather than the divorce/separation itself, that affects children. If parents are distracted by the turmoil of their separation, they may not adequately attend to their children’s emotional needs. When parents are able to prioritise their children’s needs, a securely attached child does not need to become insecurely attached as a direct result of their parents’ separation. It is crucial that children are protected by the presence of at least one containing, emotionally available, and loving adult – their secure attachment figure.
Choosing a solicitor who has experience in Family Law as well as divorce and separation can be immensely useful.
If you have exhausted all options and have no doubt that your marriage has come to an end, divorce may be the only option. The divorce process can be lengthy, complicated and daunting. A Divorce Solicitor can guide you through the process with compassion and expertise. They will offer legal advice, fill out all documentation and ensure the divorce process is as smooth and stress-free as possible.
Similarly, a solicitor can also help you legally separate from your spouse. Seeking the help of a specialist solicitor is particularly beneficial if you and your spouse are struggling to agree on childcare arrangements, living arrangements or matters relating to finances, property and assets. A solicitor can also help if your spouse is disputing the separation or divorce.
At Wayman & Long, our team includes Family Law Solicitors, Divorce Solicitors and Mediation Solicitors. We have the knowledge, skill and experience required to seamlessly and compassionately guide you through even the most complex divorces.
We pride ourselves on consistency, trust and transparency. So you will never be met by unexpected fees!
Get in touch with our team today by calling 01787 277375, email us at enquiries@waymanandlong.co.uk or filling out our online contact form. We will be more than happy to book you in for a consultation.
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