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What Is a Decree of Judicial Separation?

What Is a Decree of Judicial Separation?

When a marriage breaks down, most people will opt for divorce, but there are also those who want to remain married, for one reason or another. This can be achieved with a decree of judicial separation. A divorce is, without a doubt, one of the most stressful and complicated situations a person can ever experience. While the end of a relationship is difficult to handle from an emotional standpoint, it’s often the legal and financial aspects that cause the most problems. The difference between a divorce and a legal separation is that, although you and your spouse will no longer be a couple, in the eyes of the law, you will still be married. In this post, we’ll explain what a decree of judicial separation is and how it can benefit couples considering a divorce. The Purpose of a Decree of Judicial Separation Much like a divorce, a decree of judicial separation is a court order, however, legally separated couples will still be married. In judicial separation cases, the court has the same range of powers as it does in divorce cases in terms of dividing the marital assets and arranging child custody and maintenance. A decree of judicial separation also allows you and your spouse to set out each of your rights and responsibilities while living apart. If you are planning to get a divorce following a period of separation — or you have no intention of divorcing, but later change your mind — having a legal agreement in place can make proceedings a lot easier when it comes to dividing finances and property, and determining who your...
Trial Separations: Do They Work in the Long Run?

Trial Separations: Do They Work in the Long Run?

When a marriage breaks down or a couple experiences serious marital issues, a decision has to be made about the future of their relationship. While most people either attempt to work things out or get a divorce, others opt for a temporary legal separation in an attempt to save their marriage, but do they work in the long run? A divorce is a tough experience for even the most resilient and strong-minded of people, so it’s no surprise that many couples do everything they can to avoid going through. Especially if there is a possibility of saving the relationship, therefore preventing the heartache of breaking up a family and the various expenses of divorce. In this post, we’ll take a closer look at trial separations and discuss whether or not they can work for couples in the long run. What is a Legal Separation? A legal separation is where you draft a ‘Separation Agreement’, which sets out you and your spouse’s rights and responsibilities while you are living apart. Although you will no longer be living together, you will still be legally married. If you do eventually get a divorce, having a separation agreement in place will help with certain aspects such as dividing assets. A separation agreement is particularly beneficial if you and your partner are attempting a trial separation, and want to establish both of your obligations going forward. It will also help with decisions about which parent children will live with, as well as how assets such as shared finances and property are dealt with during the trial period. Benefits of Trial Separations You’ll Have Space...
5 Signs that it’s Time to Get a Legal Separation

5 Signs that it’s Time to Get a Legal Separation

When a marriage breaks down it can be difficult for a couple to accept, which is why many people stay together even if they haven’t been happy for a long time. It’s for this reason that being able to recognise that it’s time to separate is so essential for you and your partner’s well-being. A divorce or separation is a challenging experience for anyone to endure, so it’s safe to say that it’s one of the more significant decisions that you will make in your life. While there are plenty of people whose marriages end in divorce, many others stay in unhappy relationships because they are either reluctant to break up or fail to spot the signs that it’s time to get a legal separation. In this post, we’ll take a look at a few of the common reasons for divorce and also some of the signs that your marriage could be breaking down. 1. You Feel that a Trial Separation Could Save Your Marriage For the majority of cases, a period of legal separation is required — two years with consent, five years without it — before a couple can finalise a divorce. While this may seem like a long time, a trial legal separation does benefit people massively as it allows them to prepare themselves for life after divorce. Although some couples may decide to get a divorce once the separation period is over, for others it may just be the decision that saves your marriage. If you feel that taking a break from the confines of your marriage and having the opportunity to miss each other...
Legal Separation or Divorce: Which is Better Financially?

Legal Separation or Divorce: Which is Better Financially?

Aside from the emotional trauma involved with the break down of a marriage, the most difficult aspect tends to be how it impacts your finances. Legal separations and divorce both have their individual benefits, but which is better financially? A recent study has shown that the number-one cause for stress among millennials is money, but this in no way is a new concern. For generations, financial issues have plagued the everyday lives, careers, and mental health of a vast range of people. A divorce is tough to handle for many reasons, but it’s money that can prove to be an issue both in the short and long-term. While divorce is the natural next step for many married couples who break up, legal separation is another option that can be appealing. In this post, we’ll discuss both choices and highlight some of the financial benefits they provide. Pros and Cons of a Legal Separation Pros No Division of Assets: A married couple accumulate a wide range of assets over the course of their relationship. All of which will need to be divided in the event of a divorce. A separation agreement means that you will technically still be married, and therefore have plenty of time to make vital financial decisions. Flexibility: The agreement also means that you have more flexibility in regards to how assets are divided, which may well prevent much of the hostility and bitterness that tends to come with divorce proceedings. Tax Benefits: Filing a joint return allows you to claim two personal exemptions on the tax return rather than one exemption allowed as a single individual....