You may have heard the words separation and divorce used in the same context. But in legal terms, they are very different.
It’s important to understand the distinction between them, and so in this article, we break down the two terms, offering clarity to anyone considering ending a marriage.
In summary, a separation occurs when a couple ends their relationship and stops living together as a married couple. Divorce is the formal legal process that brings the marriage to an official end.
Key differences
Here we will pinpoint the main differences between the two terms:
Legal status
If you are separated, you are still legally married, even if you have been living apart for some time. Once a divorce is finalised by the court, your marriage is legally ended.
Remarriage
Only when you have officially divorced and a formal divorce order has been issued, are you free to remarry.
Time requirement
Unlike in some countries, such as Australia, there is no requirement to be separated for a specific period before applying for divorce in England and Wales, but you must have been married for at least one year.
The process
Separation is often informal and can occur simply when one or both parties decide the relationship has ended, whereas divorce is a formal legal process.
Separation details
Separation does not always require living in different homes; you can be separated while living together, and conduct your lives independently.
During separation, couples can begin to address practical matters such as property division, financial arrangements, and parenting responsibilities; before these matters are legally ratified. It can also be a time for reflection before the final step of divorce.
Divorce details
Divorce provides legal and financial finality by formally ending the marriage. This allows both parties to move forward independently.
However, it is important to note that divorce does not automatically resolve financial issues, with separate agreements being needed for these matters. Only fully formalised, legally-binding arrangements can negate the potential for future disputes.
Bennett Smith are your divorce solicitors in North Wales. We guide clients through both separation and divorce; protecting legal rights and making clear arrangements for the future. Call us today on 01248 671994.
