Marriage separation can be a challenging time filled with uncertainty.
Couples in the UK considering separation should understand the different types of separation available. To help them make an informed decision about their future, this article explores the three main types of separation in marriage, and their legal status.
Trial separation
A trial separation is an informal arrangement in which a couple decides to live apart temporarily while reflecting on their relationship.
This type of separation has no legal status under UK law. However, it is a practical stepping stone for couples who need space to think through their marriage.
During a trial separation, neither partner will initiate any formal legal process. Although financial arrangements and responsibilities will usually continue, couples may come to an agreement on how to manage joint assets, children, and living expenses. These agreements can be helpful for day-to-day arrangements, but it should be noted that they are not legally binding.
Many couples choose trial separations with the hope of reconciliation.
Permanent separation
Permanent separation is when a couple lives separately with no intention of reconciling.
This arrangement still lacks formal legal status in the UK, but it can have significant implications with regard to finances.
From a legal standpoint, the date of permanent separation can be important in any divorce proceedings. Courts may consider this date when determining how to divide assets acquired after the separation. Also, permanent separation can affect entitlement to benefits and tax considerations.
The UK does not require a period of separation before filing for divorce since the introduction of no-fault divorce in April 2022.
Legal separation
Legal separation – also known as ‘judicial separation’ – involves obtaining a court order that confirms you’re separated while remaining legally married.
This option is less common but provides a formal alternative for couples who cannot or do not wish to divorce, perhaps due to religious beliefs or pension considerations.
The process for obtaining a judicial separation is similar to divorce proceedings, requiring an application to the court. The key difference is that a judicial separation doesn’t dissolve the marriage. This means that neither party can remarry.
A judicial separation allows the court to make orders regarding financial arrangements, property division, and child custody. This provides legal clarity and protection without ending the marriage itself.
For more guidance on separation, get in touch with our friendly team at Bennett Smith; solicitors North Wales-wide.
