Trial Separation – Can it Make a Difference?
by: jameswalsh
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A full-fledged divorce would certainly not be an ideal solution for such spouses. In fact, their hesitation to opt for a divorce is indicative of the fact that they are not in a hurry to terminate their marriage. At least they want to give their marriage one last chance before they call it a day. Such couples do need some socio-legal mechanism which caters to their unique marital status. Separation may certainly prove to be a viable arrangement for these couples.
What is Separation?
Separation is basically an arrangement between two married adults in which the two of them decide to live separate and apart for certain valid reasons. Like a divorce, a separation is not a legal termination of a marriage. Couples opting for a separation continue to remain legally married to each other for all practical purposes.
Couples deciding to go for a separation can do it in two ways:
1) Informal Separation
Informal separation is an arrangement where the two spouses decide to live separate and apart by mutual agreement, without getting involved in any legal formalities. They do not go for a formal property division, but agree on some type of working arrangement regarding division of assets and liabilities.
2) Formal Legal Separation
Formal legal separation is the type of separation in which the court intervenes and gives a judgment related to various important issues such as child custody, child visitation, division of property, spousal support, etc. In formal separation a legal provision is made for all the important marital issues akin to a divorce, yet it is not a divorce.
Why do People Opt for Separation?
Sometimes, spouses do have irreconcilable differences with each other, yet they prefer to remain married for religious reasons.
Before going for a final divorce, people often need some time and space to ponder about various important issues related to their marriage. Separation may prove to be helpful in such a situation.
Often the law requires the two spouses to live separate and apart for some definite time period, before they can file for a divorce.
Many a time people opt for separation so that they may be able to benefit from their spouse’s insurance and health cover.
Advantages of Separation
1) Sometimes, the two spouses are not sure about their feelings and emotions and desperately need some time and space to sort out their opinion regarding their marriage. Trial separation being a reversible arrangement enables the two spouses to cool off by relieving them of the pressure they were susceptible to in their marriage. Legal separation assures the requisite framework, security and financial advantages during the separation period.
2) Separation often proves to be very useful to spouses who do not want to stay married, yet cannot divorce because of religious reasons.
3) Separation allows the two spouses to benefit from income tax deductions, insurance policies and healthcare provisions, unlike a divorce.
4) Trial separation leads to the saving of time and efforts wasted on the divorce proceedings.
5) Separation tends to be relatively soft on the family members, especially the children. It saves a family from the disastrous effects of a full-blown divorce.
Disadvantages of Separation
1) Formal legal separation often proves to be as expensive as a divorce if not more. Spouses opting for a separation may have to go through the same pain, effort and expenditure to get an actual divorce. Separation may turn out to be as costly and complicated as a divorce.
2) Separation tends to increase the confusion between the two spouses, their children and all the friends and extended family. People often get confused regarding how to treat the two spouses living separate and apart. It obfuscates the attitude of all the people involved and may worsen the anxiety of the children.
3) People often fail to inculcate the necessary emotional discipline and distance during the separation period and mostly end up with the same lousy marriage.
Separation Counselling
It is advisable for the spouses considering a separation to go for separation counselling. It will certainly help them regarding how to deal with the emotional, financial and social issues concerning their separation. Separation counselling will also relieve them to some extent of the pain and anger accompanying their separation.
About the Author
James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see http://www.managed-divorce.co.uk
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