Legal Separation vs. Divorce: How a Family Lawyer Can Help You Make the Right Decision

Ultimately, everyone has to make their own decision about whether or not they think their marriage is over. But relationships have their own rules, sometimes.  And people do change their minds.  So to be able to advise properly on the legal separation vs. divorce debate, family lawyers often ask two questions:

  • Is your separation final? 
  • Is there any chance of a reconciliation?

If the answer is no to both questions then logic points to the parties getting a divorce, but possibly for religious or other emotional reasons the parties may not actually want to divorce and may want to deal with their separation in another way. 

A divorce is final. It enables the parties to reach a final and binding agreement with regards to finances and as part of that agreement the parties would confirm that neither of them have any further interest in or claim on the other party’s assets.  It also of course, enables you to remarry.

A legal separation is far less final and does not result in a binding agreement as it is not made through the Court. A legal separation cannot deal with pensions whereas if the parties divorce it is possible to obtain a pension sharing order.

Whether a legal separation or a divorce would be better suited to your circumstances, only you can decide in the end. Advice from an unconnected, objective third party can go along way to help you make the right choice and at Cotwold Family Law we'll discuss all your options with you until the path becomes clear.

For help deciding whether a legal separation or a divorce is the right choice for you, please contact us for an appointment.

Next: Filing for Legal Separation

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