Separation agreements achieve what every couple longs for in a divorce: an agreement regarding child custody and the division of finances without exactly going through the gruelling process of a divorce. This remarkable convenience offered by separation agreements has prompted many to accept it as a viable alternative to divorce.
Though a separation agreement or a divorce brings in the same result, these are two different processes and these very significant differences have enhanced the popularity of separation agreements. These basic differences have been detailed to highlight the convenience offered by a separation agreement.
Requirement of Specific Grounds
Couples contemplating a split enter into separation agreements at their own discretion. They are not required to fulfil any legally stipulated conditions.
Divorce necessitates the fulfilment of certain legal requirements before filing for a ‘Decree Nisi.’ The
- Adultery
- Unreasonable behaviour
- Desertion
- Separation with consent. In
- Desertion for a five-year period in
The Time Factor
A few rounds of meetings between the spouses along with their individual lawyers are enough to conclude Separation Agreements.
Divorce is a prolonged two-staged process. The granting of the ‘Decree Nisi’ is followed by the ‘Decree Absolute,’ that spells the end of the union. This whole process takes a minimum of four to six months for extremely simple uncontested cases. High-conflict, contested divorces consume much more time.
The Relationship
- Separation Agreements are reversible. They do not prevent a reunion among the partners. The granting of ‘Decree Absolute’ marks the end of the union and reconciliation among the couple is a rare possibility.
- Separation Agreements effectively end marital obligations. Divorce spells the end of marital status.
- Couples, who had entered into Separation Agreement, retain their marital status and cannot remarry. Divorce frees individuals to pursue their independent lives.
Financial Cost
Online separation agreement forms cost around £ 47. Couples, who had pre-decided and settled their issues, just format their agreement is these forms.
Divorces are a costly affair. The court and the solicitor fee have to be paid. The minimum cost for obtaining a simple uncontested divorce is around £750, while contested or high-conflict divorces are prohibitively expensive.
Legal Binding
- Separation Agreements are flexible. Unfair agreements can be changed while they convert to the final settlement. Divorces lack the element of flexibility and the decision of the court is not subject to change.
- Separation Agreements are not enforceable by law. Divorce and its settlements are the legally enforceable court orders.
Emotional Cost
Divorce is an extremely stressful event. Divorced partners commonly exhibit stress-induced symptoms like substance abuse or depression. But, children appear to be the worst sufferers in a divorce.
The structural change in the family brought about by the remarriage of the single parent affects children the most for they unwillingly turn members of a new family. New children who are the children of the step parent from a previous marriage enter the household. The subsequent births of step siblings expose children to a whole array of new relationships.
Once either of the partners remarries, the widened emotional gulf prevents the absentee parent from visiting the children. Long durational absence of the biological parent aggravates the emotional stress on the child.
Thus divorce causes more emotional distress than a separation through an agreement. Partners who had entered into separation agreement do not remarry and this effectively diminishes the associated stressful complications.
- One of the key benefits of a Separation Agreement is the ability to stay apart though being legally married.
- The splitting up of the finances and making effective arrangements for the children in an amicable manner is another highlighting feature.
- These benefits are achieved without going through the emotionally draining process of the court proceedings and spending huge amounts on solicitor’s fees.
This convenience offered by a Separation Agreement has made it popular. Couples also use it as a trial separation period when in a fix of not having firmed up their idea of a divorce.
