Legally Separated not Divorced.
A divorce may not be the desired outcome for all parties due to various reasons. Parties can become legally separated from the spouse to whom they are married or their civil partner at any time – they are not required to wait a year like they would need to if they wished to have a divorce.
A divorce maybe against a person’s religious beliefs thus this route would still allow for the parties to legally separate from one another without being classed as a “divorcee.”
Ultimately a legal separation may provide the parties with an interim decision. They then have the ability to remain separated during this cooling off period before making a final decision to legally end their marriage by way of a divorce.
An application can either be made by one party or jointly as long as both parties’ consent to the separation and as long as no party to the proceedings is in danger of domestic abuse.
Parties should bear in mind that even though you will be deemed to be legally separated they will not be able to re-marry. In order to remarry they will be required to apply for a Divorce. For further information, please refer to our article ‘No Fault’ Divorce for further information.
If you require any assistance contact our specialist solicitor, Nirmal Phull on 0121 726 9116, or email her at N.Phull@viennakang.co.uk.