In the UK an average of 42% of couples get divorced. This means that nearly half of all marriages end in divorce. However, most people do not know about Legal Separation, which offers them another solution to marriage difficulties without dissolving their marriage by way of a Divorce.
A Legal Separation is different to a Divorce as it does not put an end to the marriage and enables you to live separately whilst remaining legally married. During the time you live apart there can be a Court Order that outlines the rights and responsibilities of each spouse to the other.
A Financial Consent Order must be drafted and filed with the Court with other accompanying documents, which will address an array of financial issues that need to be addressed.
It is important to think about what you can live with long term when entering a Legal Separation as it can protect your interests until the decision is made to file an application for Divorce. If you Divorce after a Legal Separation and the case goes before a Court, a Judge is most likely to uphold any financial agreement reached beforehand, since you were satisfied with the Consent Order that was entered into at the time of the Legal Separation.
A Financial Consent Order can set out agreements in relation to Maintenance Pending Suit, Periodical Payments, Lump Sum Orders, Property Adjustments Order, and a Pension Attachment Order. However, the Court cannot make Orders in relation to Pension Sharing and so this claim remains open regardless of any Financial Consent Order within a Legal Separation. In contrast, a Financial Consent Order within Divorce Proceedings will terminate all financial connection between the spouses.
Although a Legal Separation and a Divorce have many similarities, there are some advantages to Legal Separating rather than Divorcing. These include allowing the couple time apart away from the conflict of marriage to decide what they truly want. A Legal Separation allows the spouses plenty of time to reflect on their possible courses of action and maybe even lead to a reconciliation between the couple.
Of course, everyone’s circumstances are different, so it is important for you decide which option is more suitable and practically beneficial for them, whether that be Legal Separation or Divorce. Get in touch with Davisons Law today to see how we can help!
