Couples separate for a number of reasons.   Some couples chose to bring the marriage to an end, usually by way of divorce others prefer different options.

Unmarried couples or separating married couples may wish to record details of their separation in a Deed of Separation.

SEPARATION

Judicial Separation

You may wish to formalise your arrangements by asking the Court for a Decree of Judicial Separation.  These proceedings are similar to divorce proceedings (see below) but they do not result in the marriage being brought to an end.  Consequently you may still be treated as husband and wife for some purposes eg for pension provision on the death of your spouse.

If you are able to agree the financial arrangements between you, these can then be recorded in an Order of the Court, if not a Judge can decide these outstanding issues for you.  In either case a Clean Break Order cannot be made (see property and finance) which means that either one of you can make a further claim to the Court, or upon the death of the other.

Deed of Separation

If you do not wish to make such formal arrangements you may, enter into a Deed of Separation which sets out the agreement reached between you in relation to financial matters.  This is usually not legally binding and cannot be enforced by the Court.

DIVORCE

A couple who wish to bring the marriage to an end will normally do so by the issue of divorce proceedings.  These proceedings take some 5 - 6 months to complete but you may be advised to delay applying for the Decree Absolute if financial arrangements have not been concluded.

When a Judge is satisfied that you have proved your case the Decree Nisi will be pronounced which can be made Absolute 6 weeks and a day thereafter.  It is upon the Decree Absolute being made that the marriage is brought to an end together with any rights either of you may have as a result of the marriage eg pension provision.

The Judge will be able to determine the financial arrangements between you, if these are not agreed which will be set out in a Court Order.  This then becomes legally binding upon each of you and any third person concerned. (see property and finances)