What is the difference between a legal separation and a divorce?

Divorce and legal separation are two options open to married couples experiencing difficulties in their relationship.

In this blog, we explore the important differences between divorce and legal separation, to help couples decide which path best suits their situation and needs.

Legal Separation

A legal separation is defined as an arrangement where couples remain legally married, but live apart instead in getting a divorce. This is achieved through either a separation agreement or a judicial separation. With both options, the parties stay married to each other and, as a result, are not legally able to remarry. While couples are limited by legal separation, they also benefit from maintaining inheritance rights and social security and tax advantages.

While a separation agreement requires no court involvement, it is recommended that agreements are drawn up by a solicitor with experience of family law. A judicial separation is a more formal process where a decree of Judicial Separation is granted by the Family Court.

Couples choose legal separation for different reasons. Sometimes there are moral or religious reasons not to divorce, but separation is also selected for a trial period when couples want to maintain a chance to reconcile.

Divorce

In contrast, divorce is a legal process that officially ends a marriage, terminating the legal union and associated obligations between a couple. It involves comprehensive legal proceedings. These cover the division of assets, pension sharing, decisions regarding child custody and more.

Once the court grants the divorce Final Order, both parties are declared legally single and can legally marry another person. Divorce is of benefit when one or both parties have no desire to reconcile or wish to end the marriage for their emotional wellbeing. Divorce is also an advantage when couples want to marry other people. Overall, the main reason for a divorce is when couples seek a permanent separation.

Whether you require divorce solicitors or separation solicitors in North Wales, you can count on our attentive family law team. Get in touch with us today at Bennett Smith Solicitors to receive the advice and support you need.