Some couples choose separation over divorce when things become difficult in their marital life. Often they need a separation and property settlement agreement prepared by separation lawyers in Townsville that specifies the statutes of the arrangement.
Staying married but legally separated for 20 or 30 years is not new. Divorce may be the choice for some, but others choose to maintain the marriage, perhaps for the benefit of their children, or to preserve their joint fortune.
What is the difference?
A divorce settlement ends in the dissolution of a marriage, whereas a legal separation allows couples to stay legally married but living separately. A court of law decides on the details of the arrangement in both situations. Couples may choose legal separation over divorce if the latter violates their moral or religious convictions.
In separation, the court establishes the agreement of a legally separated couple. In a divorce, the court also determines custody and alimony proceedings in divorce hearings. The court’s decision on what to award each party decides the details of the arrangement. A legally separated couple who decides to terminate the marriage, later on, will have to go through divorce proceedings.
Choosing legal separation
There are advantages to legal separation, which divorce does not offer. For instance, the time apart can be helpful to couples who need to settle personal and emotional issues hindering them from living harmoniously. In a more practical sense, a legal separation allows the couple to benefit from health insurance and continue to have access to joint accounts and financial ventures. All these would have been terminated if they had decided to file for a divorce instead.
In some instances, a legal separation leads to a reconciliation. The time apart heals a broken relationship and solves deep-seated issues. For people who emerge from a legal separation and find themselves reunited, they could enjoy a more open, nurturing, and lasting married life.
When troubles hit a marriage, couples may opt for a legal separation or a divorce. Seek legal counsel to determine which of the two options would benefit you more.