Not everyone who separates wants to divorce immediately. Depending on your circumstances there are four routes, each with different legal weight.
Your four options
- Informal separation - you simply live apart. No legal status; no protection.
- Separation agreement - a written contract setting out finances and living arrangements. Not automatically binding, but courts usually uphold it if it's fair and properly disclosed.
- Judicial separation - a court order that ends the obligation to live together but leaves the marriage intact. Rare, but used for religious or immigration reasons.
- Divorce - legally ends the marriage.
When separation makes sense
- You've been married less than a year (you cannot divorce yet).
- One of you has religious or personal objections to divorce.
- You need immigration or pension status to remain married.
- You want a trial period before deciding.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.