There are several reasons why a couple might opt for a legal separation instead of pursuing a divorce or civil partnership dissolution. This choice could be influenced by religious or cultural considerations or because the couple has been married or in a civil partnership for less than a year, making legal separation a practical alternative.
Informal separations can lead to disruptions and disputes over various issues, such as dividing joint assets, household bills, and possessions in the future. Filing for a legal separation, also known as a judicial separation, can address these potential complications. It establishes a formal arrangement for the couple’s finances, reducing the likelihood of disputes.
Our expert family law solicitors can provide comprehensive support and guidance on legal separation in the UK.
What does legal separation mean?
A legal separation enables you and your former partner to separate without formally ending your marriage or civil partnership. Importantly, applying for a legal separation does not prevent you from pursuing a divorce or dissolution later on.
One significant aspect of a legal separation is that the court has the authority to issue the same financial orders as it would in a divorce, with the exception of being able to issue a pension sharing order. This allows for the resolution of financial matters while maintaining the legal status of the marriage or civil partnership.
What is the difference between a legal separation and a divorce?
The key distinction between a legal separation and a divorce is that a legal separation does not terminate the marriage. Following a legal separation, you and your former partner may live separately, but you remain legally married.
In terms of the application process, seeking a legal separation is typically quicker and less complex compared to a divorce.
Additionally, there is no requirement to wait a specific duration of marriage before seeking a legal separation—it can be pursued at any time.
How do you get a legal separation?
You have the option to apply for legal separation either as a sole applicant or jointly with your spouse, depending on your situation. To initiate a judicial separation, you must submit a formal application to the court along with the required court fee of £365.
How long does a legal separation take?
If you promptly submit a legal separation application and the courts are satisfied with the information provided, the process typically takes between seven and ten months from start to finish.
What are the disadvantages of legal separation?
Legal separation may not suit every couple due to several potential disadvantages, underscoring the importance of seeking specialist legal advice before proceeding with a legal separation application.
One immediate drawback is that you remain legally married after a legal separation is granted. While this can be beneficial if you hope for reconciliation, you cannot remarry without obtaining a full divorce.
Additionally, there are separate court fees for divorce or dissolution, and you will still need to complete the divorce or dissolution process, which currently costs £593.
What is a separation agreement?
A separation agreement, also known as a deed of separation, is a comprehensive document that outlines the entitlements and arrangements agreed upon by both parties in a relationship.
The purpose of a separation agreement is to establish mutual agreement on the division of assets in the event of future divorce or dissolution proceedings, thereby reducing the likelihood of costly disputes and litigation.
When drafting and signing a separation agreement, both parties must provide full financial disclosure, including documentation of their assets and liabilities. This helps prevent complications later on and increases the likelihood that the courts will uphold the agreement when issuing a financial order.
It is crucial that a separation agreement be prepared by a qualified family law solicitor to ensure it accurately reflects your circumstances and desired arrangements.
Is a separation agreement legally binding?
Separation agreements are not official court orders and therefore are not inherently legally binding. However, if a separation agreement has been properly prepared with full financial disclosure, the court is likely to give serious consideration to its terms.
Often, couples create separation agreements with the intention of converting them into consent orders once they initiate the divorce or dissolution process. Consent orders, unlike separation agreements, are legally binding and enforceable by the court.
Do I need a separation agreement?
While separation agreements are not mandatory, they are crucial for couples seeking to formalise and confirm their financial arrangements with their former partner.
It is strongly recommended to have a written record of your agreements, as this can minimise potential disruptions during future divorce proceedings and provide clarity about your current circumstances.
Opting for an informal or verbal agreement with your former partner may initially seem convenient, but this approach can lead to complications later on. A properly drafted agreement ensures clarity, establishes safeguards against potential disagreements, and increases the likelihood that the court will consider the agreement in cases of dispute.
Our legal separation solicitors are here to help
For personalised advice regarding your circumstances and whether a legal separation agreement is suitable for you, our team is available to assist.
We understand that legal separations and separation agreements involve sensitive matters with various complexities. Therefore, we provide straightforward guidance to help you gain a clear understanding of your situation.
