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What Is The Difference Between A Separation Agreement And A Legal Separation

There are several reasons why you should consider legal separation instead of divorce: you can also use a separation agreement if you can`t divorce or break off your civil partnership – perhaps because you`ve been in England or Wales for less than a year or northern Ireland for less than two years – but want to agree on who pays what. Both in divorce proceedings and in legal separation proceedings, the court decides: divorce and legal separation are similar in several respects: the important difference between divorce and legal separation is that their marriage is officially terminated upon divorce. You are no longer married to the other. You are free to remarry. You live your life forward as one person. Deciding to have a legal separation or divorce can be confusing. To make a decision, it is important to understand the legal and emotional implications of both options and weigh the options. Legal separations can also be easier for your children because you stay married and it doesn`t seem as devastating and definitive as a divorce. Legal separation does not end a marriage or civil partnership – you are simply freed from the obligation to live together. There are different types of separations. A trial separation is an informal separation where you live separately and see if a separation or divorce is ultimately what you want. Many couples do this when they have marital problems.

You don`t need to seek legal advice when drafting a separation agreement, but it`s a very good idea to do so. .

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