Hello OTS Solicitors family department, I am about to go through a divorce with my wife. I would like a divorce experienced solicitor in your law firm to explain the following:

What are the legal implications of separation and what is the advantage of a legal separation over a divorce?

Once I hear back I would like to also arrange a consultation with a OTS family solicitor in London. Please let me know how we can proceed.

Many thanks
Sam

Areas of Expertise: 

Public Answer: 

Hi Sam, Thank you for your enquiry. A legal separation allows you to live apart from your partner without having to divorce.

You are able to ask for a legal separation on the same reasons you are able to file for a divorce. For example Adultery or unreasonable behaviour. Unlike divorce proceedings you are not required to show that the marriage has irretrievably broken down. A legal separation is useful in protecting your financial interests until you are able to decide whether to file for divorce or not. The separation agreement will act as a precedent for the financial aspect of divorce.  It is advisable to obtain legal assistance in drafting such an agreement. 

The advantages of having a legal separation over divorce are:
 
a) It gives you time to really think about whether you want to have a Divroce  and live apart while doing so without having to make it final straight away.
 
b) If you are divorced all spousal benefits tend to be terminated, whereas if you are legally separated you still are able to retains such benefits, such as medical benefits etc.
 
c) Those that have religious beliefs which do not coincide with the idea of  divorce are able to live separately and retain marital status in line with their beliefs. 
 
d) If you do have children, by being legally separated, you have an opportunity to make the necessary long term arrangements for the children, if you can agree a way forward,  without having to incur the expense of Court costs and or involve any third parties.
 
e) Lastly, this may or may not be relevant to you, but if you are a military spouse, many like to remain married, but legally separated for 10 years so that they are able to take  advantage of benefits that are provided under the Uniformed Services Former Spouse Protection Act. We can discuss this further if it does apply to you.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our Family Law Solicitors. Please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.

We look forward to hearing back from you soon.

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