Separating from a spouse is a big decision and a significant life event.
No matter the reason you and your partner are considering going your separate ways, it’s important to understand the legal options available.
Every couple’s situation is unique, and the right path for you depends on your circumstances, beliefs, and future plans.
The two main legal options when separating from a spouse are divorce and legal separation. Both options allow parties to live separately but have different legal and financial implications.
In this article, we’ll explain the key differences between legal separation vs divorce, helping you to make an informed decision about which option is right for you.
What is a divorce?
Divorce is a legal process that ends a marriage.
After divorce, both parties become legally single again and are free to remarry if they wish to.
You can either apply jointly for a divorce or on your own.
In April 2022, no-fault divorces were introduced in the UK, making divorce simpler and less confrontational.
There’s no longer any need to place blame or prove any wrongdoing. Instead, couples must simply state that their marriage has irretrievably broken down.
The divorce process typically takes about 6 to 8 months to complete.
What is a legal separation?
Legal separation is a process that formally ends a relationship, allowing married couples to live apart while remaining legally married.
When a couple applies for a legal separation, they usually agree on each party’s rights and obligations regarding matters like finances, child care, and spousal support.
Some people choose legal separation as an alternative to divorce for religious or personal reasons.
Others prefer to remain legally married so they can maintain the financial benefits of marriage.
Legal separation is also sometimes used as a temporary measure while the couple decides if divorce is the right course of action.
On average, judicial separation takes between four and six months to complete.
What are the key differences between divorce and legal separation?
When separating from a spouse, choosing between a divorce and a legal separation is a personal decision that you should make together if possible.
While both options allow you to live separately, they have distinct legal and practical differences.
We’ve listed four key differences between the two options to help you decide which route best suits your circumstances.
- Marital status: Couples who are legally separated are still married, whereas a divorce permanently ends a marriage
- Financial ties: While assets and finances may be separated during a legal separation, often, some financial ties still exist. During a divorce, assets, properties, and debts are usually permanently divided
- Legal process: The process for getting a legal separation agreement is usually a little quicker than a divorce. Divorce requires a legal application and final order to dissolve the marriage, which usually takes a little longer
- Remarriage: If you wish to, you can remarry after getting a divorce. You cannot remarry with a legal separation because you are still legally married
Which option is right for me: divorce or legal separation?
Now, with a good understanding of the difference between separation and divorce, you should be able to decide which option best suits you and your spouse.
Legal separation is often used as a temporary or intermediate step towards divorce.
It may be the right option for you if you wish to try separation but are not yet ready to get a divorce or if you haven’t yet been married a year and so don’t qualify for one.
Alternatively, if your relationship has broken down and you wish to live separately but do not want to get a divorce for religious or personal reasons, a legal separation is a good alternative.
However, it’s important to remember that you are still legally married and cannot remarry unless you get a divorce.
Divorce offers a more definitive resolution to your relationship.
It may be the right option for you if you are certain that your relationship is over and you no longer wish to be legally tied to your spouse. Getting a divorce is also the right option if you want the freedom to remarry in the future.
Mark Reynolds Solicitors is family law practice in Merseyside, Cheshire, and Greater Manchester.
For compassionate advice or support with obtaining a legal separation or starting divorce proceedings, contact our team of expert divorce solicitors today.