In casual conversation, the terms ‘divorce’ and ‘separation’ might seem virtually synonymous. In legal terms, however, these two words mean very different things. A couple can be separated without being divorced, and the former is often an essential step on the road to the latter.
Core differences
Let’s define the terms. A divorce is a legal process of ending a marriage or civil partnership. Separation, meanwhile, is a process of living apart. This is often arranged in order to arrange the affairs of the couple, and prepare them for their respective new lives.
In England and Wales, so-called ‘no-fault’ divorces have been introduced under the Divorce, Dissolution and Separation Act 2020. This allows parties to split without having to assign blame, which (in theory) will make conflict less likely, and the welfare of children easier to support.
When separation makes sense
Legal separation involves simply filing an application with a court. It’s often the preferred option for couples with religious, ethical, or cultural objections to divorce, and those who have been married for less than a year. It’s also used as a stepping stone to a divorce, and a way to buy time to consider your options.
Separating can be done jointly. Or, if you don’t think your partner will willingly participate in the separation, you can apply on your own. A legal separation costs £415.
Finances, property, and children
Financial and child arrangements are an essential aspect of both divorce and separation. But they’re not integral parts of these processes. Rather, they must be arranged separately. Often, the best approach is to come to an agreement regarding all of your money, assets, and children via mediation, and to later make your plans legally binding. This can be done through a court order, which can be converted into a consent order during divorce.
It’s worth noting also that, at least in England and Wales, the concept of “common law marriage” holds no legal status. It’s a myth. What is worth considering is the fact that, if you aren’t in a marriage or civil partnership, you won’t be entitled to the same rights and protections as a couple who is.
Practical next steps
So, now that you understand the difference between divorce and separation, you might be wondering what the next stage might be. The answer, as we’ve discovered, will depend on your circumstances. If you don’t intend to divorce immediately, a separation agreement might be a good first step. If you intend to divorce, then you might use the no-fault process, which only requires a statement of what’s called ‘irretrievable breakdown’ – which basically involves both parties agreeing that the union cannot be rescued.
To give you and your children the best possible chance of a smooth process with a positive outcome, it’s best to involve a good firm of family law specialists at an early stage. Doing so will often help you to protect your financial interests, as well as your emotional ones.
Brenda Berg is a professional writer with over 15 years experience in business management, marketing and entrepreneurship. Consultant and tutor for college students and entrepreneurs. She is passionate about covering topics on career, self-development, writing, blogging and others.
