Divorce Guide

Separation agreement vs. divorce

A separation or a divorce may actually sound like one and the same thing but there exist numerous minute differences between them which make them legally different from each other. Let us look out for these differences:

1. A divorce is a permanent end of a marriage while a separation agreement only means that the couple will not be staying together. Like divorce, separation can be taken and made official through a legal process as well, i.e. after signing of a Separation Agreement.
2. Divorce comes as a decision of the court after the lawsuit is filed by the couple seeking divorce on certain grounds; a separation is sought after mutual negotiation between the couple.
3. While once you get a divorce, the contract of marriage is revoked and considered null and void; a separation period can be a period of time for a couple in which they may decide whether they want to finally get a divorce or if they want to keep their marriage alive.
4. The duration of the divorce is permanence, while a separation can be only as long as the couple desires it to be.

Issues covered in a divorce or separation agreement:

1. The legal reason for the separation
2. Custody and support for children.
3. Division of assets; these include listing of shared assets, property, bank accounts or any other investment, and division of it equally or as decided by mutual talks.
4. Alimony or spousal maintenances
5. Division of personal property which includes cars, furniture and also of the family home, if shared by both the spouses.
6. Responsibility for repayment of any loan or debt
7. Negotiations on the issues like, insurances and pension plans of the couple.

Separation agreements can be discussed and formed while the husband and wife are still living with each other. On the other hand, a divorce agreement finalizes the dissolution of a marriage. The issues in a separation contract can be incorporated in a divorce settlement with modifications of the required terms and conditions, when the divorced is done and decided by a court.While, these are the things discussed both in the divorce and legal separation, but in cases of legal parting, the couple may also settle for a later settlement of any such financial issue. In case there are children involved, the couple shall put in the welfare and interests of the kids as priority ahead of their separation.

Other considerations, which can be kept in mind, that your residential state should recognize the legal settlement or should have a provision for easy settlement of separation and not divorce, if the couple wants it, due to family, kids or religious purpose.

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