Separation is sometimes preferable to divorce
Some couples would prefer separation over divorce or dissolution of their civil partnership straight away.
There are many reason why separation may be preferable, such as if you have not been married a full year or for religious reasons.
Different options for separation
You have three choices when you separate:
Separate physically and take no legal steps: If you do so, you are not protected against a claim for money made by your husband or wife within a divorce. So if you get a better job, inherit money or buy a new home, these things are not protected financially in the event of a later divorce.
Have a legally binding written agreement about money: This is called a Deed of Separation which we can prepare for you. It will be highly persuasive in proceedings to deal with financial claims, but if circumstances have radically changed, or the agreement was no longer fair, ultimately it is the court that retain the power to make a final binding decision in respect of the sharing of assets following divorce/dissolution.
To judicially separate: This legal process is not commonly relied upon. You remain married and follow a legal process similar to divorce. This is a process that we can guide you through. However, few people judicially separate as many would then go on to divorce at a later stage, and so incur the cost of two different legal procedures.
There are however some clients who would prefer a judicial separation. For instance for religious reasons the client may not wish to go through a divorce but still wishes the Court to deal with the financial issues arising from the breakdown of their marriage. However, it should be noted that the Court has no power to make a pension sharing order on a judicial separation.
Legal separation
Discuss a legally binding separation
We can help you by talking through the options available and assist in making the decision that is the best route for you. We can further assist you in taking the appropriate action to achieve the outcome which you desire.
For advice and support, please contact your Family Law Team on 0113 320 5000 or by email on family@winstonsolicitors.co.uk.
A divorce is likely to take a minimum of 30 weeks. This process can however be lengthier if there are financial matters to also resolve.
Child maintenance is usually governed by the Child Maintenance Service and there are only certain times when the court will make orders regarding child maintenance (child periodical payments). Spousal maintenance (spousal periodical payments) can be made in financial proceedings and will depend on the circumstances of the case.
Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by agreement between the parents. However, where one parent does not agree to those arrangements we can suggest alternative ways of reaching a resolution for your children for example, you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.
