Divorce is the unfortunate outcome for 42% of marriages in the UK; making it a prevalent issue within society. However, there are ways to avoid divorce by seeking alternative methods of conflict resolution. Legal separation is one of these; giving couples another solution to choose from when marital problems arise. It is important to know exactly what this is, as well as the process and benefits, before making such a huge decision.
What Is Legal Separation?
Legal separation is the last step before a divorce, and often gets confused with the former. It is an option for partners when a marriage is breaking down. Couples who separate legally will remain married on paper but will usually no longer intend to live together. Normally, a separation agreement will be drawn up with the help of a dedicated solicitor, like Wayman & Long, to ensure that both parties know where they stand in regards to finances, property, child custody, and more. Agreements such as this can help decrease animosity between the couple and help to form a healthier, more stable arrangement for both of their separate futures.
Why Is It Used?
Legal separation can be an ideal solution for many couples due to various reasons. Should a couple not want to officially divorce, they can opt for a compromise like this. It addresses similar issues to divorce, such as asset division; but without legally dissolving the marriage. This can offer a peaceful resolution to partners who may not want a divorce for religious or personal reasons. Here at Wayman & Long, we strive to connect with our clients and understand their feelings as well as the reasoning behind their choices in a judgement-free environment. This way, we can help them to achieve the outcome they desire.
Benefits Of Legal Separation
Choosing legal separation over divorce can come with many benefits for all involved parties. The primary advantage of this route is that it can alleviate a lot of the stress brought about by divorce, especially in difficult cases with lengthy court battles. This is not only beneficial for the couple, to help them move on with minimal emotional distress, but also significantly lessens the emotional impact for any children involved. Legal separation allows for child custody arrangements to be decided upon in a civil manner where both parents are in agreement with the plans. Furthermore, as there are no time-consuming court proceedings as seen in some divorce cases, this option can offer a much quicker resolution and help both parties to move forward with building their own separate futures. It can also be an ideal resolution for partners who have demanding jobs or other commitments and hence do not have time for lengthy legal processes.
Lastly, legal separation could provide a cheaper alternative. Traditional divorces can be quite costly, whereas a legal separation can usually be achieved with a finite amount of a solicitor’s hours, making it a preferable selection for couples with limited finances. At Wayman & Long, we are always completely transparent about potential costs and offer fixed-fee services wherever possible.
It is important to note that only the couple themselves can decide whether divorce or legal separation is the best option for their situation. However, having a trusted solicitor like Wayman & Long to talk through each possibility in detail can help immensely when making such a difficult decision.
The Legal Separation Process
Before deciding on a legal separation, it is important to know what is involved in the process. First of all, either: one party will file for legal separation to the court, or both parties will create a joint application if they are in agreement, outlining the reasons behind the request. In the case of a single party submitting an application, the separation form will be forwarded to the other person and they will have the option of agreeing or contesting it. Discussions about the terms of the separation agreement are then often deliberated over with a trusted solicitor present such as Wayman & Long in order to reach an amicable compromise. The conversation should cover topics such as child custody and support, finances, property and asset division, as well as any other relevant matters. This arrangement is then submitted to the court for approval to ensure that it is fair and, if it passes inspection, a legal separation is granted. It must be noted that, while the agreement that was drawn up is not legally binding, it would raise questions in future court battles if it was found that a party did not heed it.
Navigating Legal Separation With Wayman & Long
Our solicitors are committed to helping all of our clients through difficult legal struggles, including separation. We understand the worry and distress that go hand-in-hand with such processes, which is why all of our amazing team provide unwavering emotional support throughout the entirety of the journey. A family-orientated approach is at the heart of all our actions, and we strive to obtain the best result for our clients and their children, whilst minimising the impact that a legal separation may have on any young people involved. This level of support, paired with expert legal guidance, provides every client with security and certainty during uncertain times.
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