Separation vs divorce: which is right for you?

Not everyone who separates wants to divorce immediately. Depending on your circumstances there are four routes, each with different legal weight.

Your four options

1. Informal separation - you simply live apart. No legal status; no protection.
2. 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.
3. 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.
4. 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.