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What is the difference between divorce and separation?

When a couple separates, it is usually a physical thing. One or both of the parties move out of their accommodation 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 are separating and are not married it is simpler as there are less 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 our experienced family team on 0333 305 7777. We have offices across Lancaster, Barrow in Furness, Ulverston, Grange over Sands and Windermere. Face to face, MS Teams or telephone appointments can be arranged at your convenience.

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Judith O’Brien - Divorce & Family Solicitor

Written by:

Judith O’Brien

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