Question

What's the difference between legal separation and divorce?


Answers (1)

by Lucy 13 years ago

Legal separation, which is sometimes also called judicial separation in the UK, is quite similar to divorce in the way that you go about it. In both cases you have to apply formally through a court, giving reasons, you have to make decisions about dividing up your assets (either together or, if you can't agree, through a solicitor) and you have to get an official paper to prove you have separated. Access and custody of any children also has to be agreed in a similar way in both separation and divorce.

The first difference is that you can apply for a legal separation at any time - even the day after the wedding (or civil partnership, to which the same rules apply.) For a divorce, you have to wait at least a year. Also, of course in a separation you are still legally married and neither of you can marry anyone else unless you go on to apply for a divorce.

You can find out more about the legal separation process here.


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