3 Different Types of Separation

Before getting a divorce, you need to get a legal separation. That’s the usual course of action for married couples going through tough times. The decision to separate can either be your own or ordered by the court.

A legal separation can have several reasons; in fact, even the types of separation depend on your circumstances. While the concept also lends itself to non-marital couples, this post will only discuss marital separation.

Here are the three different types of legal separations.

Legal Separation

Also known as a judicial separation, it’s a court-ordered formal arrangement for a couple to live apart and lead separate lives. The court rules on the specifics of dividing money and assets, similar to a divorce proceeding.

It’s particularly effective for couples who don’t want a divorce but are uncertain of their future together. Often, couples opt for a legal separation rather than a divorce for the sake of their children or other benefits.

This provides the opportunity and framework to set some ground rules and boundaries. Division of assets, child custody, and child support are all formally decided by the partners or the court. This court-order arrangement may set the conditions for the separated couple but doesn’t terminate the marriage while maintaining the option to reconcile.

A legal separation can be beneficial for both parties, allowing the couple to still function as a family unit when they have kids. They may function as separate parental units, but this still maintains stability and simplicity for the kids. This keeps the family together, even allowing them to share health insurance and retirement benefits.

However, from the official date of the separation, neither spouse has free access to the other’s money or assets. This includes joint bank accounts, credit and debit cards, and even assets. This serves as a legal prerequisite in certain jurisdictions to divorced couples.

Trial Separation

Both parties make an informal decision to temporarily separate on their own, unlike a legal or judicial separation. This is usually taken as an option when couples aren’t sure about a legal separation. This way, they can explore if temporarily separating will give them an idea of whether they should legally separate or not.

Permanent Separation

Considered to be a precursor to legal separation, a permanent separation is where reconciliation is no longer possible. However, this is no more official than a trial separation that allows the couple to enjoy martial benefits like health insurance, retirement benefits, etc. Officially, no action is taken by the couple, thereby maintaining their status of legal marriage.

While an unofficial separation has no bearing on the law, separation is essential in divorce proceedings. Wembley Solicitors can help you navigate the legal intricacies of the process, including making a separation agreement.

Our family solicitors can take care of your legal troubles.