Separation can be of three types: informal, formal and judicial. The process can be simple or may require considerable negotiation; either way, we have the experience and knowledge to deal with all threetypes.

Informal Separation: This arrangement is suitable where couples wish to live separately without going through any formal process of separation and is often used as a precursor to formal separation so that the people involved can see how they feel about living separately. Because the court is not involved, costs are kept to a minimum and there is no possibility of stressful and long drawn out court proceedings; the downside is that an informal separation does not confer the same legal rights as formal and judicial separations.

Formal Separation: This documents each party’s financial responsibilities, living arrangements and child custody. It is legally binding and is often the recourse of couples who don’t want to formally divorce.  It is often the precursor to divorce and provides a legal basis for the new family arrangements.

Judicial Separation: This is similar to divorce, except that there is no needle dissolution of the marriage. It is often the result of couples who, for religious, cultural or other reasons, are unable to countenance full divorce. Its results are as follows:

• There is no longer any obligation for the spouses to live together
• The court has powerto divide the matrimonial finances as it sees fit

Parties to a judicial separation should make new wills, because where a spouse dies intestate while judicial separation is in operation the living spouse will receive nothing.Unlike divorce, judicial separation can be agreed even when the couple have been married for less than ayear. Couples who have decided that the marriage is not working can therefore begin the process of courtdivision of matrimonial assets and, because a judicial separation does not dissolve the marriage, may use the extra time given by this method to decide on the best way forward.

Temple Gate Solicitors are specialised in Separation applications and can help you through this process.  To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.