When Can You Qualify for Legal Separation?

Sometimes marriages don't work out no matter how hard you try, but you may be hesitant to end them for the sake of your children or the time you spent together. Getting a legal separation can be the solution to this problem.

But qualifying for a legal separation is not as easy as it may seem. The process is tiring and can be dragged out for months. Divorce solicitors can help make it easy for you and guide you on the best time to file for a legal separation. Learn more about it here.

Legal Separation vs. Divorce

Contrary to what people believe, legal separation and divorce are not the same things. By definition, divorce is an official or legal process to end a marriage. Meanwhile, legal separation is an arrangement by the court according to which a married couple lives apart and leads separate lives.

In divorce, the marriage is legally dissolved, but the couple is still bound legally by marriage but is no longer living together. They also establish financial boundaries and opt for the division of assets, property, and child custody. The couple may choose to file for divorce after separating legally, or they may even reconcile.

Different Types of Separation

If you've decided to legally separate from your partner, you must also consider the type of separation you want. There are usually three different kinds of separation – trial, permanent and legal.

Trial Separation

If you and your spouse are arguing a lot and need a break from the relationship, trial separation might do you good. It allows both the partners to live away from each other for a while and have adequate space to think. They then decide whether they want to pursue legal action to officially separate or if they could potentially reconcile. These days an increasing amount of couples prefer to remain separated.

Permanent Separation

Permanent separation occurs when you live apart from your spouse without the intention to reconcile but are not divorced yet. When couples are permanently separated without wanting to reconcile, the assets or property acquired by a partner during separation belongs to them only. You will not be eligible to ask for the division of those assets. The same is the case for any debt your spouse got themselves into. You will not be responsible for them.

Legal Separation

If you want to get legally separated from your spouse, you can do so by filing a petition in the family court. When you're legally separated, you're not married, but you're not divorced either. You can't remarry during this period either. Legal separation means that the family would still be tied together legally. Still, property division, alimony, and child custody would go on after a court order as it would in divorce.

Legal separation is ideal for people who want to avoid the stigma attached to divorce, want their kids to remain unaffected, or those who hesitate because of religious beliefs or the loss of insurance benefits.

Filename: separation

Alt-text: Wedding ring left on the table

Process of Legal Separation

The process of getting legally separated from your spouse is the same as the one for divorce. It can take months for the case to reach a verdict finally and can be very draining for both parties. But, if you've decided that it's no longer possible for you to live with your spouse and there's no hope for any reconciliation then the first thing you must do is ask yourself whether you want to end things once and for all and get a divorce or choose for a legal separation instead.

If you're choosing to get a legal separation, then the first thing you need to do is file a judicial separation petition in the family court. You will need a solicitor to help you with this. The grounds for legal separation can include adultery, unreasonable behaviour, and money.

The processes that follow will include division of assets, property, alimony, and child custody. The court will consider various aspects like both the partners' financial status, physical and mental conditions, and needs before deciding regarding the division.

A consultation with a divorce solicitor can guide you better about the legal process involved. They can provide you with the best advice on what should be the next course of action. Professional legal experts at Wembley Solicitors are well-versed in partnership disputes, children's law, family law, and divorce disputes in the UK.

Isabelle J. is an online tutor. She has been an IT instructor for the past few years. Being a certified IT trainer herself, she encourages people to learn top IT skills and provides tips on finding high-end jobs in the industry.