When people think about separation, they often say ‘I want a divorce’. Some may think ‘divorce’ is all encompassing of property settlement and parenting arrangements – they are in fact a separate process.
Separation is an important legal event. When a couple separate there are often lots of grieving emotions. The impact of those emotions can distort logical reasoning. Seeking advice early and determining the correct date of separation is essential. If you obtain proper and realistic advice from the outset, it paves the way for an outcome acceptable to both parties and, most importantly, any children involved.
A divorce is simply a process that dissolves the marriage – and is therefore only available once you have been separated for a period of 12 months. It is important to obtain legal advice to consider the advantages and disadvantages of the process.
Some people feel reluctant to divorce their former spouse – for religious reasons, family reasons or simply because it was not their decision to separate in the first place. It is very important to consider the implications of applying for a divorce, or remaining married long-term after the separation.