Most married couples see legal separation as a good alternative for divorces. Some of these couples assume that legal separation is a step below which may help them resolve their issues.

To resolve issues, married couples view legal separation as a mediating time that can help them decide whether to settle for divorce or settlement, which is the best decision for their relationship.

Filing for legal separation might not make sense in your case, while for others, this separation can be a better option than a divorce.

Understand the advantages and disadvantages of legal separation, before committing to it. Have a look –

  • Legal separation is just as complex as divorce is
  • Legal separation involves litigation just like divorce
  • Legal separation causes just as much stress as divorce does
  • Legal separation can be unnecessary for your relationship

Although all of these disadvantages are interlinked, each of them touches a specific aspect of your marriage. Here’s how they work:

Legal separation is just as complex as divorce is

A legal separation involves a lot of time, paperwork, and legal counseling between the couples, similar to a divorce.

Legal separations also involve division of property, including debts and assets of the couple, same in the case of a divorce. In this scenario, couples file for legal separation and go through the process of division, exactly as like a divorce.

Married couples will have to go through the process twice if they end up divorcing after the separation. Therefore, couples who end up getting divorced after the separation, they are going to go through the same process twice.

Legal separation involves litigation just like divorce

A legal separation involves litigation and trial proceedings in the courtroom just like a divorce does.

If couples do not agree on issues including child support, custody, and division of assets, they will be forced to settle down their issues in the court. This settlement can be as taxing as a divorce litigation is.

In a legal separation, cost and time both involve can be declined if both parties decide to go with an informal separation. If couples are opting for a settlement, they can straightforwardly file for a divorce.

Legal separation causes just as much stress as divorce does

A legal separation seems like a good ‘test’ to know if a couple wants to stay married or divorce. However, many couples would not be able to process this, not because of their relationship, but due to the stress involved in the process of legal separation.

The stress caused by the proceedings in the term of legal separation could be the final stage for a couple. These proceedings place an extra burden on an otherwise delicate relationship because legal separation is just as complicated as a divorce is.

A legal separation can be a way out to conclude the result of the couple’s relationship with each other, but might not give a definite conclusion. Considering an informal separation can provide fruitful results to the couple. The informal separation also offers the same amount of space without filing for separation.

Legal separation can be unnecessary for your relationship

A legal separation can be a necessary element in figuring out the right solution to save a couple’s marriage, but it’s not. Above all, the formal structure of the legal separation works similarly as a divorce. This legal separation still doesn’t provide the final dissolution of marriage.

Having said that, this is often not the case. Most couples can achieve these many goals of being separated by giving each other more space. The couple can decide if being apart will ultimately be the best decision, without the cost and commitment of a legal separation.

A legal separation may be the only way to decide the future of couple’s marriage, but if the couple wants to handle informal separation, it will be a better way to assess their marriage status quickly.

Benefits of Legal Separation

There are many legitimate reasons to seek a legal separation as a solution, even when there are disadvantages involved.

If couples would like to avoid divorce because of personal, religious or cultural reasons, they can become legally separated and still adhere to their own beliefs.

A legal separation can also be a way to skirt healthcare policies for many couples. Divorced couples, in most cases, might stay on the other spouse’s healthcare plan for a certain amount of time, generally six months or less. However, in case of a legal separation, these policies can be prolonged or dependent on some factors.

Final thoughts

A couple’s legal separation involves the same amount of stress, cost and time as divorce does. Therefore, it’s not always a feasible alternative to divorce.

Couples who see a settlement, on the other hand, would likely give a positive result from their separation, but these couples should opt for an informal arrangement in the place of a settlement. At the end of the marriage spectrum, couples are more likely to choose divorce, that is the only option.

Couples believing a legal separation can only be the next best step in their marriage can find the best family law solicitor in Dublin to make the process and transition as smooth as possible.

We have compiled a list of family law solicitors who have years of experience in hand and can help you in a better way.

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