When you get a divorce, your marriage legally ends, which permits you to divide your assets and finances between you and your partner. In contrast, a legal separation is less about the division of assets as it is about setting forth each party’s rights and responsibilities while they are living apart.
During a separation, you are still considered legally married despite the fact you are choosing to live separately. This type of separation is different from a decree of judicial separation, which is arranged frequently through the family court system.
What’s Included in a Separation Agreement?
A separation agreement and a deed of separation are basically the same document. Both are pieces of paperwork set out an agreement made between spouses. This legal form may address a host of issues, such as residency arrangements and custody for the parties’ children, maintenance and division of debts and assets, and visitation rights. The division of the assets may extend to the matrimonial home and the mortgage.
A separation or agreement of this type is not considered a court order, nor are the courts involved in the preparation of said document. In this case, you need to refer to professional family law solicitors in London. This type of settlement arrangement may cause you to feel morally bound to uphold it but you will not be penalised for failing to follow the terms legally.
This type of agreement only makes it easier to apply for a divorce at a later date. This type of agreement therefore can be presented to the court to obtain its opinion at a later day on whether or not the agreement was followed or has been broken in the interim.
Advantages to Note
A legal separation agreement offers a number of advantages as it permits each person to live apart and decide if a permanent split is truly what he or she wants. During a divorce, all your benefits are usually terminated. You can retain certain benefits, including medical benefits, for your family during a separation.
Are You in the Military?
A separation is also ideal for people whose religious beliefs conflict with the concept of divorce. That way, you can live apart and retain your marital in accordance with your religious beliefs. If you are a military spouse, it may be in your best interest to stay married for a period of ten years. That way, you can take full advantage of the benefits established by the Uniformed Services Former Spouse Protection Act. A separation will allow you to do this while a divorce will not.
You can also make arrangements for your children without going through an expensive or drawn-out battle in court. Plus, the same issues are looked at during a separation as a divorce. Therefore, separation is a way for you to test the waters. It also makes the transition to a divorce easier on the family. Talk to a solicitor about this option if you are currently contemplating a divorce.