Many people may choose to separate and end their relationship without initially going through the divorce process. There are many advantages to doing this, and separation solicitors in North Wales can help navigate this process.
A couple, for example, may have a joint mortgage. In these circumstances, it is generally agreed that both parties will still be responsible for the mortgage payments. This arrangement will normally remain in place until a divorce is approved. It is worth remembering that a separation does not alter a mortgage agreement with the lender.
Separated couples are also usually entitled to a share of the others pension. This may be especially so of private pensions. State pensions are a little more complex and can often depend upon how much national insurance one or both parties have paid.
Financially, a legal separation could be better for both involved. Tax benefits can be very complex, so the legal guidance of solicitors in Llandudno is usually essential. These legal advisors will also help with the drawing up of a separation agreement. In this document, finances, property and children can be dealt with. It is not always a necessary document and it is not legally binding, but they can be used to help clarify decisions. A legal separation can be applied for by completing a Form 85 and three copies sent to the HMCTS Divorce and Dissolution Service.
How to get a legal separation
To legally separate as a couple, you must complete an Application for Judicial Separation (Form D8S) and submit it to the Family Court. The submission should include your marriage certificate and, if there are children, a personal statement regarding arrangements. After the application is issued by the court and the respondent has been notified, you’ll receive a court order called “the decree of judicial separation”.
What happens after a legal separation?
After legal separation, a formal separation agreement acts as a blueprint for property, finances, and child arrangements. It provides clarity and a foundation for a future divorce if required. While separated, you are still married and cannot remarry. Pension sharing lets couples divide pension assets through a Pension Sharing Order (PSO), which is issued by the court and gives part of a person’s pension to the other as a credit.
Reasons to choose legal separation
There are several reasons why legal separation is selected. For instance, people whose faith discourages or prohibits divorce choose legal separation. Timing is also an influence, with trial periods giving partners time to reflect. Those experiencing uncertainty may also find separation a formal alternative to divorce that provides space and time to make decisions.
Key differences from divorce
Couple must be married for at least on year before they can divorce, but a legal separation can be applied for at any time after marriage. When two people divorce, the marriage legally ends. This allows both former partners to remarry if they wish and ends certain tax benefits and personal obligations. In a legal separation, married individuals remain married and retain the advantages of their status.
Divorce requires a legal application as well as a final order for the marriage to be dissolved. Legal separation requires a court order to outline responsibilities and rights. As a result, separation involves a far less lengthy legal process than divorce.
While a divorce has finality and grants a “clean break,” that enables remarriage, a legal separation employs a court order to help define financial responsibilities and obligations involving children. It can be a temporary step that can lead to reconciliation or a full divorce. Divorce and separation solicitors in North Wales and other parts of the UK advise couples on the best course of action to suit their needs and ensure their rights are protected.
For expert support with any separation matter, contact us here at Bennett Smith Solicitors today and ask for our legal advice.
