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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:-
The list is not exhaustive. Please ask if you would like any further clarification.
The date you start to live separate and apart from your spouse becomes the date of separation. Separation can exist even where you continue to occupy the family home.
It is evidenced for example by living a completely separate life taking meals at different times, organising the household chores separately etc.
One of you can end the relationship and choose to live separate from your spouse.
In terms of trying to ensure a harmonious journey from the date of separation until (perhaps ultimately divorce), it is usually better to try and agree on the arrangements of your separation if at all possible.
No – if you are a joint owner of the property your legal status of a joint owner remains unaffected.
If you are not a joint owner and the property is owned by your spouse then whilst you are still married you retain a right of occupation in the family home which can be registered with the Land Registry.
If you do move out of the family home potentially you could lose a tactical advantage.
If possible, you should always speak with a family solicitor before moving out of the family home.
This is a real possibility and concern. Whilst the court can be prevailed upon to regulate the occupation of the family home, this is rarely something that it is proportionate to ask the court to consider.
While a joint legal owner of the family home has the power to veto any third party’s presence there without your consent, implementing your veto in the real world can be problematic to say the least.
The more realistic course of action is always to deal with the entirety of the financial and property issues on separation promptly following separation in order to minimise the time a spouse has to move his/her partner in or to minimise the time they are there before the terms of your overall financial settlement are implemented and the house sold and equity divided or you receive your share of the same.
No – a separation can be a very informal arrangement between you and your spouse.
What is important is that you identify what the actual date of separation is.
Normally a Separation Agreement would make provision for changes to be made by further written agreement between you. If there are to be any changes it is therefore important for such changes to be recorded in writing.
No – you still have to go through the process of divorce in order to become divorced.
