Separation or Divorce?

Deciding whether to separate or divorce depends on your personal circumstances, how much certainty you need, and what you want to achieve in your relationship.

If you are unsure whether your marriage has irretrievably broken down, separation provides time and space to reflect or potentially reconcile, without the finality of divorce.

If you are certain the marriage has broken down irretrievably and there is no chance of reconciliation, divorce provides legal certainty and finality.

Whilst financial matters can be agreed during separation by incorporating any agreement into a Separation agreement, only divorce enables a complete legal severance of financial ties once a financial order is made. Divorce also allows for certain court orders to be made, such as a clean break order and a pension sharing order.

Even if you have been separated for many years, you remain legally married. This means your spouse retains the right to make financial claims against you until a legally binding financial order is made through divorce. There is no time limit for making such claims.