Separation And Divorce - A Brief Look At Separation
- By: Matt Kirkman
When a spousal relationship appears like it's gone as far as it can, a good number of people's thoughts may possibly turn to divorce. Having said that, it can very often be beneficial to contemplate separating for a short time prior to pressing ahead with a divorce process. For those thinking of divorce, below are a few reasons why Separation might actually be a much better option.
Financial situation - When partners are married they often share various financial advantages, like private healthcare, pension benefits, or perhaps tax allowances. If they got divorced, it's possible that one spouse could lose several, or all of these benefits, therefore agreeing to a separation instead will be a more suitable option for these people.
Religion - When the majority of people get married, they realise that it's a partnership intended to last for the rest of their lives, and even though divorce is fairly commonly accepted, some faiths discourage, or don't recognise the dissolution of marriage. For this reason, quite a few couples may well decide upon an agreed separation rather than a formal divorce procedure.
Getting back together - Yet another common reason why some partners decide upon separation instead of beginning divorce proceedings, is that they feel there is potential for a reconciliation. Separating on this basis gives the married couple the opportunity to take some time, look at the relationship, and possibly reconcile with a restored perspective which will make the marriage work.
Grounds for Divorce - Two of the grounds for divorce involve separation for periods of 2 years, when the husband and wife are actually in complete agreement about the divorce, or 5 years, where one partner is not going to agree and therefore the divorce will be contested. In cases where there are no other reasons for divorce, separation might be the best way for one or both partners to get a divorce.
Couples who make a decision to separate instead of, or ahead of, getting divorced, may want to think about creating a Separation Agreement which outlines their individual obligations for the different aspects of their mutual finances, along with arrangements for things like custody of the children (residence) along with support (maintenance). This is known as a Deed of Separation, and even though it is drafted with no involvement of the court and will not be legally binding in case of a future divorce, it may help husbands and wives who will eventually get divorced decide many of the matters they will need to take care of.
In situations where the married couple require a more formal separation agreement, a Judicial Separation is going to involve the court formally recognising the husband and wife's separation along with their settlement on affairs concerning their children as well as their finances.
While the Separation process might appear quite simple, every single situation is unique and consequently presents an unique challenge. Which is the reason it is always recommended that you get assistance from a Family Law Solicitor, who will be able to enable you to properly take care of your Separation and keep any sort of emotional strain to a minimum.
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