The main difference between divorce and separation is that divorce legally ends a marriage, whereas separation does not. You can only remarry after a divorce. A separation can be legal for example a ‘judicial separation’ and there are some similarities with a divorce. For example, you no longer have to live together, and the Family Court can decide how your assets should be divided. However, you are still married and there is no financial clean break between you, which is important.
The benefit of a separation is that there is no time limit, whereas couples need to be married for a year and a day before they can divorce. You don’t need to prove that your marriage has broken down irretrievably, although you will need to use one of the ‘five facts’ of divorce.
The benefits of divorce are that you can remarry and you can divide and share pensions…