What is the difference between divorce and separation?

Judith O'Brien of Progression Solicitors answers a common question raised by clients.

When a couple separates, it is usually a physical thing. One or both of the parties move out of their accomodation and live separate lives. 

There are practical things to consider, such as joint bank accounts, joint tenancy agreements or mortgages, and, if there are children, arrangements for them to see the other parent. 

If the parties agree, then there is no need to seek legal advice, and you can resolve matters quite easily between you.

Divorce is a legal term, meaning the dissolution of a marriage by a court. This is a formal legal process by which the marriage is ended. You can do quite a lot between the two of you, as when separating, but ultimately a judge has to grant the Divorce Order and there is more formality in completing legal forms. You may also need to instruct a solicitor to assist with the financial matters and how to divide the matrimonial assets.

If a couple is separating and are not married it is simpler as there are fewer laws that govern the parties' assets. Unlike a married couple, living together does not necessarily give either party a claim on each other's assets.

Should you require any advice regarding this, or any other related issue please do not hesitate to get in touch with a member of Progression Solicitors' experienced family team who would be happy to assist.