What’s the Difference Between Divorce and Legal Separation?

Most married couples stay in toxic relationships for the sake of their children. It takes effort and courage to leave a marriage.

It can be an intimidating experience but remaining in an unhappy marriage can be detrimental to your mental health and happiness.

Statistics show that in 2016, 106,959 couples divorced, a 5 percent increase compared to 2015. But while divorce is the most obvious choice for leaving a marriage, legal separation is also common.

Contrary to popular belief, both are different and both have their pros and cons. Whether you choose to get divorced or file for legal separation, considering the following will make it easier:

The Difference Between the Two

Divorce is not the same as a legal separation. In simple terms, getting a divorce refers to ending your marriage. Divorce should only be considered if you’re looking for a permanent solution to ending your marriage.

However, if you’re unsure about ending your marriage for good, you should file for a legal separation.

A legal separation means that, although you and your partner will be living apart, you are still legally married to each other. It gives you ample time to decide whether you want to stay married to your partner or not.

That being said, regardless of the option you choose, you will need to negotiate with your partner the issues of property division and child custody, visitation and support.

Legal Separation or Divorce: Which One is the Right Choice?

It goes without saying that different couples have different reasons for seeking divorce or separating. A lot of individuals opt for legal separation so they can have the time and space to figure things out, such as their marital or financial problems.

Furthermore, one thing that couples forget is that filing for a divorce is more stressful than seeking legal separation. The legal formalities in a divorce are never ending. With a legal separation, you have the option to receive a few financial benefits in the form of joint taxes.

According to the U.K. law, both individuals can file their taxes together under a legal separation agreement. In addition, one spouse is legally entitled to receive the other spouse’s benefits, especially when it comes to benefits such as health insurance.

However, If you are certain about ending your marriage and are considering a second marriage, then the best course of action should be to file for divorce.

Whatever option you select, it is important to invest in an experienced solicitor to handle all the legal formalities of your case.

Our team is at your service! Offering expert support and advice, our team of family solicitors in the UK will help you understand your legal rights better.

For legal assistance, contact us today at 02034173700!