arting ways often take a different course and apply for a legal separation. Aside from avoiding the prospect of wrangling through the often-arduous legal divorce process, there are four main reasons why a separation can work better. In this article, we look at what those reasons usually are.
What is a legal separation?
Let’s first define what legal separation actually is. Also known as a judicial separation, a legal separation allows you to separate from your spouse, without filing for divorce or applying to dissolve your civil partnership. It does not end your marriage but it does permit you to live your life separately from your former spouse. To apply, you need to submit an application form and following your separation, you will have a court order that both parties will have to adhere to in terms of the rights and responsibilities of each party.
- To retain mutual financial benefits
One of the most widespread reasons to legally separate instead of divorce is because access to shared financial benefits will end following a divorce. This is particularly the case if your marriage is close to ten years, at which point, when a spouse reaches the age of 62, they are entitled to social security benefits provided they have not remarried.
- In respect of religious or spiritual beliefs
It’s also not uncommon for some couples to legally separate and not divorce on the grounds of their personal belief systems. Some religions do not perceive divorce as an option and in these cases, couples decide to stay officially married.
- To allow time to ‘cool off’
Another reason why some couples don’t divorce, is because they believe they may, at some point, be able to salvage their marriage. By divorcing, they are putting a final end to things, but with a legal separation, couples can have a period where they can reflect on their relationship. Sometimes, this period can bring them back together and make them realise that their marriage is worth another go. If they decide to reconcile at this point during a legal separation, it is much easier than them remarrying.
- A legal separation lays the foundations for a straightforward divorce
If you have been legally separated for a year or more, the divorce process can be simpler. In terms of divorce law you cannot divorce if you have been separated for less than 12 months. So, for those couples who have not decided to reconcile, your Separation Agreement can be transferred into a divorce agreement.
Taking the decision to divorce is a life changing choice and should not be taken lightly. A legal separation is one way to leave an unhappy or dissatisfying marriage but with the same element of protection of a divorce.
