When a married couple decides to end their marriage, divorce is always the initial thought. However, some legal professionals advice their clients to try out separation before jumping into divorce for a variety of reasons including religion, financial liability, and creating room for reconciliation.
During separation, couples live in different houses but continue to share some marital obligations depending on the agreements of the separation. It is common to make a deed of separation to record any agreements; however, care should be taken before signing any document, as it will be used if divorce occurs at a later date. To give you a better understanding of separation, below is a brief look at the different types. Make sure to consult family lawyers Aberdeen to understand the rules regarding each type as well as the impacts it will have on your property rights.
If you and your spouse are having marital problems, you may decide to live apart for a specific period while you decide whether to divorce or reconcile. This is usually referred to as trial separation during which the same rules of joint ownership of matrimonial property continue to apply despite a couple living separately. Therefore, any debt or property acquired while on a trial separation is considered jointly owned under the eyes of the law.
Although trial separation is usually not legally recognized, it is wise to write an informal agreement about a few issues that will surely come up after separation. This includes issues such as whether to continue sharing joint bank accounts, who will stay at the matrimonial home, and how expenses will be shared.
Permanent separation, which is when a couple separates permanently, usually follows a trial separation that has failed to yield a reconciliation. However, a few couples decide to skip the first type of separation and opt for permanent separation.
In most states personal debts, properties, and assets gained during this type of separation are considered the responsibility of the spouse acquiring them. However, any debts incurred for necessities such as maintaining the marital home, meeting the needs of the children, and education expenses for the children, are considered as joint expenses.
Just like a trial separation, a couple’s decision to separate permanently is not considered a legal one unless one of the spouse’s takes the other to court to file for legal separation. With permanent separation, the opportunity for reconciliation is still open as couples can reconcile and dissolve any agreements taken prior to the separation.
Legal separation is the final type of separation where couples are required to go to a family court and file to be legally separated. Aside from granting the separation, the court will also give orders concerning issues such as alimony, division of property, and child support.
Couples who are legally separated are no longer married nor are they divorced and can therefore not remarry. If you are considering legal separation, you should first find out the marriage laws of your country, as some states in the world do not allow for legal separation.
Gilroy Blair is passionate about family law and assists individuals with a broad range of advice on the matter. Gilroy advocates hiring the services of this website for family lawyers Aberdeen, as they will ensure you go through the case proceedings of any family-related issue with no pitfalls and with minimal damage to the family structure.