However, divorce can be a major step to take & not many people are even sure if they want to opt for it or not. This unsure attitude can stem out of many reasons such as fear of not being able to deal with finances after divorce, fear of staying alone, or having to deal with tough court proceedings. There is more. Therefore, some people opt for separation. Separation is an arrangement wherein two spouses stay separately. Nevertheless, not many couples are sure how a separation arrangement will work out. Therefore, many couples might opt for a “Trial separation”.

The trial separation period is usually a test period for the couples to find out how the arrangement is turning out to be. This test period helps the couples to decide whether they’re ready for a permanent separation or not. This type of separation isn’t legally recognized. The main advantage of this type of separation is that this separation period gives the couples some time for introspection to consider how life will change for them if they opt for divorce, or if they will be easily able to cope with this sort of a change. Some couples also opt for counselling during a trial separation period.

A legal separation, on the other hand, is a separation wherein the couple starts living apart permanently. The procedure for obtaining a legal separation is similar to the procedure for obtaining a divorce. You’ll have to submit a petition in the court & clearly explain your reasons for seeking legal separation. The costs involved will also be similar to that of a divorce. Another form of separation, if you want to save yourself the trouble of court hassles, is separating by making a separation agreement. There is no court intervention in this kind of separation but you’ll need your lawyers to advise & assist you in this process. In this process, the spouses make financial agreements & arrangements related to children beforehand.

A separation agreement must contain complete disclosure of all the assets & liabilities of each spouse along with documentary evidence of the same. Each spouse is then supposed to exchange this information with each other. Your separation agreement needs to have detailed information about child custody. You would need to decide whom the child stays with & at what age can the child decide with whom to stay. Child support is also an important issue that your separation agreement should address. There is more. The child support issues will not just pertain to the monthly child support payments, but also the child’s medical & insurance plan. Property issues would need to be clearly sorted out in your separation agreement. You’ll need to make a list of various assets & determine which asset will go straight to which person. Always remember to mention who pays for the mortgage payments after the separation. It’s important to remember that even though you can now start living separately, you’ll still be actually considered legally married & can not remarry till the time you obtain a divorce. Now that we have looked at each separation arrangement & the pros & cons associated with each arrangement, let’s also analyse what benefits can be drawn from such separation arrangements to understand why people opt for separation.

Benefits of Opting for a Separation Instead of Divorce

  • Some people opt for separation because it’s a more amicable way of living apart. OK. Separation allows both the parties to interact normally because there’re no blame games that are typically connected with a divorce. The bitterness that is associated with a divorce might not actually be involved in a separation, which also makes it easier for the children to cope with a separation than a divorce.

  • Some couples hope to come back together, maybe with the help of counselling or some time taken for introspection. In this case, couples feel it’s best to opt for separation rather than a divorce.

  • There are times when, due to religious reasons, divorce isn’t a valid option for the couples. In this case, the couples start living apart & attempt to stay on amicable terms, especially when the children are involved.

  • There may be certain financial matters, which do not make divorce a very feasible option. These financial issues may be insurance-related or maybe the couple doesn’t have enough money to spend on Court proceedings or the solicitor’s fee. In such cases, if a couple has successfully worked on the separation agreement for two or more years, the Court’s discretion may be removed when an appropriate separation agreement is put in order & presented in the Court. This can save a lot of time & money…

James Walsh is a freelance writer & copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk