When marriages break down, it can feel like divorce is the only outcome – but there is another option. A couple that’s feeling stuck and seeking clarity might decide that separating is the better option. This allows them the time to discover what they want and what’s important, without committing to a permanent end to their marriage.
If you need guidance on which option is best suited for you, then keep reading our short guide.
Choosing to separate, rather than divorce, can mean you keep certain benefits of married life while still allowing you both to live your separate lives. Of course, a legal separation can still result in the division of assets, alongside managing child custody, child support, visitation schedules, and more.
In other words, a separation agreement is an excellent way to ensure your interests are protected until you decide whether or not to file for divorce. Additionally, if you decide on divorce and it goes to court, a judge will likely carry over your separation agreement to the divorce settlement.
Ultimately, a legal separation gives both parties the opportunity to spend time apart and decide on their various options. Choosing to divorce too quickly can lead to regrets, so separating is an excellent first step to see if divorce is truly the better solution for you both.
Choosing to divorce will permanently end your marriage and all the benefits that come with married life (such as certain tax breaks and any potential visas). It’s also worth noting that a divorce can take at least 6 months to finalise, even if your circumstances are straightforward and the split is amicable. Of course, if you have children or various financial considerations to work out, then it can take much longer.
Choosing to divorce also comes with a court fee of £612. While this cost does need to be paid, there are various schemes available to help you with the cost. If the divorce is amicable, or both parties agree it’s the right decision, you may choose to complete a joint application. This typically results in a faster process, and lets you use the same divorce solicitorwith less stress.
Making the right choice for you
Ultimately, whether you choose to divorce or separate depends entirely on what’s best for you, your spouse, and any children (if you have them). If it’s an amicable split or you both just need to figure out your next steps, then you may decide that separation is the right decision.
On the other hand, if you’re certain that the marriage is over, then it might be better to opt straight for divorce. While a ‘no-fault’ divorce can be more amicable, there are other options, especially if your ex-spouse stops responding to legal documents.
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