When a marriage breaks down irretrievably, couples are able to take steps in removing themselves from the situation and starting a fresh life independent from the other. This may be by way of separation, judicial separation or divorce.
Separation
A separation is when two married people have decided mutually to live separate lives. This arrangement can either be short-term while they sort out any differences or long-term. Couples who separate may live in the same household or separately altogether and will ordinarily choose to separate their assets, debt and household responsibilities. A separation agreement would be advisable to deal with matters such as mortgage payments, bills, how owned property may be partitioned and (for those with children), custody and visitation.
Couples who choose to separate do not need to enlist the services of a solicitor to do so and may legally live separate lives without the need for a Court approval. These couples however remain legally married and are not permitted to remarry or have an extra-marital relationship.
If you do not agree to any terms of the separation, such as the separation of finances and the family home, you will need to take a more formal approach by either having a Judicial Separation or Divorce.
Judicial Separation
A judicial separation is half-way between a separation and a divorce. It is a separation sanctioned by the court thus enabling the couple to approach the court to assist in the formal division of money and property, similar to orders made by the court in divorce proceedings.
It is important to remember that a judicial separation is a ratified version of the separation discussed above and couples remain formally married to each other until they divorce.
Although a judicial separation is not usually the most sensible course of action if you wish to formally end your marriage, some couples opt to choose this route due to a religious or moral objection to the idea of divorce or they wish to resolve financial issues but have not yet been married for over a year.
Divorce
Couples who have married in England and Wales or have a marriage registered and recognised by the legal systems of countries abroad are able to divorce one another.
A divorce is when a married couple decide to terminate or dissolve their marriage, thus no longer wishing to remain married to one another and ending their marital union permanently. Once a marriage has been dissolved, couples are able to remarry once again.
In an uncontested divorce, couples are able to separate their assets and debts themselves or with the help of their solicitors and will only seek the courts approval once an agreement has been drawn and agreed between the parties.
Although a divorce is not contested, couples may contest the finances in the marriage, in which case the court, on the application of either person, may conduct hearings and make orders as to the separation of assets.
Since 6 April 2022, divorce in England and Wales has been no-fault. Our guide to the no-fault divorce process explains how it works.
Goldsmiths Solicitors have a dedicated Family Law team who specialise in divorce and marital finance disputes. Contact the Family Law Team at Goldsmiths Solicitors if you require help with your divorce or division of marital finances.