What is the difference between divorce and legal separation?
Divorce is a legal process at the conclusion of which your marriage to your spouse will end. This has important legal implications in that you will no longer be for example you will not be a “widow” or “widower” for the purpose of pension entitlement.
This is distinct from being separated from your spouse which is a reflection of your current arrangement within the relationship. To call a separation “legal” is a little misleading in that there is no compulsory legal process to follow in order to be separated. There is one qualification to that which is where there are formal proceedings for a “judicial” separation. The process there is identical to divorce except that at the end of it you and your spouse remain married.
There are certain circumstances in which judicial separation will be appropriate, for example:-
- For religious reasons you do not believe in divorce;
- The advice you have is that you would fair better in terms of pension provision.
The list is not exhaustive. Please ask if you would like any further clarification.