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Separation vs. Divorce: Pros and Cons in Australia

Posted by divorcelawyersblog on May 10, 2021

Deciding to separate from your partner is in itself a complicated process. Overlooking the emotional time you have spent with each other and choosing to call it off finally is painful. Add to that a legal procedure making it official. Are you and your partner calling it to quit? Have you figured out the legal measure? Is it legal separation or divorce? If you are confused about what would be the best approach for you, worry not. Here’s a complete guide on separation and divorce proceedings, the pros and cons.

What is Separation?

Separation is two people deciding to live apart while still being officially married. The separation duration can be long-term or short-term, depending on the couple. In this situation, the couple decides to separate all of their assets, belongings and responsibilities without filing for a divorce. In most cases, separation is used as a medium to measure emotions and commitments between the partners.

They decide to separate to see whether later they choose to divorce or not. When compatibility fails, it becomes difficult to stay together. Separation is then the best way possible to get some individual time for oneself. In case of a legal separation, couples are recommended to sign a Separation Agreement. The agreement arranges for proper demarcation of assets, responsibilities, bills, child custody lawyer, and visits. It is in the best interests of the couple to consult separation lawyers for beneficial advice.

What are the benefits of Separation?

Separation is a preferable choice for many people due to certain of its advantages. A good percentage of couples in Australia choose to separate over deciding to file for a divorce. Let’s look at why separation is a better option for some;

  • Some couples still hope to find a possible solution to their issues. The separation period gives them some time off to think better. They wish to fix their marriage rather than opting for a divorce.
  • Some do not wish to pursue divorce due to their personal religious or ethical limitations. Here, separation helps as it doesn’t make it official and provides for an individual space for both partners.
  • Separation also provides certain tax benefits that can help a couple stabilize their financial standing before a divorce.
  • It may allow for an easy arrangement where one partner can receive insurance coverage from the other partner’s insurance provider.
  • It may also allow for the qualification of one partner to access the social security and pension benefits of the other partner.

What are the downsides of Separation?

The decision to separate, however, has a few downsides as well. Let’s explore the possible situations that may make it a less favourable option for couples;

  • The cost of signing a Separation Agreement can get expensive. It involves coming to an agreement or getting a court order in case of no settlement. This often may lead to additional financial bills.
  • Couples that are separated need to get a proper divorce before remarrying.
  • In case of a mortgage settlement or a joint account, both partners must pay up for any outstanding costs or debts.
  • Some insurance providers do not offer any insurance cover extension to the separated spouse.

Understanding the legalities of Divorce

A divorce is a final step to make a legal separation official. It provides both individuals with complete freedom, both physically and mentally. Couples usually file for a divorce when they are convinced that nothing can fix their marriage. Divorce seems a viable option during this time. The process can get confusing at times, and it is best to consult relevant divorce lawyers for the same.

What are the benefits of Divorce?

Divorce is the final nail in the coffin. Some couples choose to divorce over deciding to settle with a legal separation. Let’s see why divorce may be a good idea for you;

  • It sets you completely free from any commitments or obligations that you may still owe your partner while in a separation stage.
  • It is the final step to achieve separation legally.
  • A finalized divorce gets you the option to remarry if you wish to.

What are the downsides of Divorce?

Divorce can be a breath of fresh air for couples wanting a complete and final separation from their partners. But this option too has a few demerits. Let’s discuss the issues that may come along while filing for divorce;

  • Divorce proceedings are usually time-consuming and demand a lot of effort. It can get mentally frustrating for you over a while.
  • Divorce involves a good deal of money. Paying for legal and other related fees can get costly.
  • Divorce may reduce your standards of living. In the case of an individual earning member, the other has to settle on a fixed budget. In case both members are earning, the total income is still going to be less than how you were living while in a marriage.

Both separation and divorce have their merit points and defaults. Now that you know all about it, hope this makes it easy for you to choose. In case of any persistent queries or guidance, consult a local professional. For instance, if you are residing in Perth, deciding on divorce or separation lawyers in Perth might be a practical choice.

Category: Divorce Lawyers Perth WA,

Tag: divorce lawyers, separation lawyers, separation lawyers perth,


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