| “Confusing are the ways of the world”. These | | | | care benefits offered to them, might opt for legal |
| were the exact words Janet used when I asked her if | | | | separation. |
| she was going in for a divorce or a separation. Like | | | | Further, spouses claim that a legal separation has a |
| Janet, many people are not aware of the differences | | | | psychological separation which divorce cannot offer. |
| between separation and divorce and the pros and | | | | They feel that one can experience what a post |
| cons of each. Before we actually delve ourselves | | | | divorce life could offer, even while staying within |
| deeper into the subject, it is necessary that we | | | | marriage. This separation period helps each of the |
| understand the prime difference between the two. | | | | individuals to work and sort out the problems in their |
| Knowing the difference will help us make an apt | | | | individual lives. |
| choice. | | | | Any asset that is purchased or any debt that is |
| Types of Separation | | | | incurred will be solely attributed to the individual |
| Most of us will be clear on the idea that a divorce will | | | | associated with these. However, for any kind of joint |
| mean putting a legal end to a marriage relationship by | | | | expenditure such as child custody and support, both |
| a court of law. On the other hand, a separation | | | | the spouses will be responsible. |
| process can take various forms. | | | | Usually, in a divorce you tend to spend a huge amount |
| - Trial separation: A trial separation is a period for | | | | towards your solicitor fees. This can be avoided totally |
| which the couple decides to stay apart to further | | | | or kept to a bare minimum when one opts for a |
| decide on whether or not to separate permanently. | | | | separation. |
| This type of approach is an internal arrangement | | | | Unlike divorce, a separation still preserves the family |
| between the individuals in a relationship and is usually | | | | structure and is always a wise option when |
| not legally recognized. | | | | considering the interests of the children in the family. |
| - Legal Separation: In this type of separation, the court | | | | Separation Agreement |
| intervenes and provides a judgment on the division of | | | | Even in separation it is a good idea, that you draft a |
| assets, child custody and visitation and alimony. This is | | | | separation agreement. A separation agreement is a |
| a situation where a couple might not want to go in for | | | | written agreement between you and your spouse on |
| a divorce, but would want all the conditions pertaining | | | | how you would want to settle affairs relating to the |
| to divorce being executed here. | | | | marriage. This will include issues but not limited to child |
| Benefits of Legal Separation | | | | custody, child support, sharing of marital home, division |
| There are many advantages that a separation offers | | | | of assets, sharing of debts and name changes. A |
| over divorce which have been highlighted as follows: | | | | separation agreement becomes a valid document only |
| A couple, who have gone for a legal separation, can | | | | if both the spouses sign it. However, you can never be |
| always reconcile the differences between them and | | | | forced to sign a separation document. |
| continue their lives as husband and wife without the | | | | Separation - The Last Word |
| intervention of the court. However, a divorce will | | | | Opting for a separation is wise and advisable in all |
| require the two to get married again. | | | | respects. Apart from costing you less, you can avoid |
| This comes in very useful when spouses don’t | | | | all the trouble and tussle that are usually involved in a |
| want to stay married for religious reasons but want all | | | | divorce proceeding. |
| the conditions of a divorce imposed. | | | | And, for all that you know your decision to separate |
| At times, a couple may want to opt for legal | | | | might be taken in haste. Any relationship that has split |
| separation to take advantage of income tax | | | | will need a cooling period, and separation just provides |
| deductions owing to spousal support payments. The | | | | that. A separation always gives you a chance to |
| money that is offered for spousal and child | | | | reconcile your differences and unite again unlike |
| maintenance during this period is called separate | | | | divorce where you will be expected to marry again. |
| maintenance. However, to enforce an income tax | | | | Further, keeping the interests of your children in mind, a |
| deduction the couple must be legally separated. | | | | separation is always a better decision at any time. |
| A couple, who would want to preserve the status of | | | | Think diligently and act wisely in the common interests |
| the coverage of their insurance policies or the health | | | | of one and all. Let us preserve our families. |