What is the difference between separation and divorce?
April 25, 2023 | 50,00 EUR | answered by Marcus Hering
Dear Family Law Attorney,
My name is Louis Schlüter and I have an urgent question regarding my current life situation. My wife and I have decided to separate, and now I am wondering what the exact difference is between separation and divorce.
For background information: After many years of marriage, my wife and I have realized that we have grown apart and it would be better for both of us to go our separate ways. We have already agreed on the division of household and custody of our children, but I am unsure if a separation is sufficient from a legal perspective or if we need to officially divorce.
My concerns mainly lie in not knowing the exact consequences of separation compared to divorce. Are there differences in terms of alimony, shared assets, or custody of the children? I want to make sure that I make the right decision and that my rights and those of my family are protected.
Therefore, my question to you is: What is the exact difference between separation and divorce, and what impact do these two options have on my legal situation? Are there possible solutions or recommendations that you can provide me in this situation?
Thank you in advance for your help and support.
Sincerely,
Louis Schlüter
Dear Mr. Schlüter,
Thank you for your inquiry regarding the differences between separation and divorce in family law. It is understandable that you need clarity in your current life situation about the legal consequences of both options.
Firstly, it is important to understand that separation and divorce are two different legal steps. Separation means that you and your wife are physically and financially separating, but still formally married. There is no court decision regarding the division of assets or alimony payments, but you can make a separation agreement to address these aspects.
On the other hand, divorce is a formal legal process where the marriage is officially dissolved. Issues such as alimony, division of shared assets, and custody of children are resolved in court. Therefore, divorce has more far-reaching legal consequences than separation.
Regarding alimony, separation may involve an informal agreement between you and your wife, while in divorce alimony claims can be established in court. The division of shared assets and custody of children are also legally determined in divorce proceedings.
It is important to note that while separation may be a temporary solution, divorce is often a more sensible choice in the long run to establish legal clarity and security. I recommend contacting an experienced family law attorney to discuss your specific situation and plan the best next steps.
I hope this information has been helpful to you. If you have any further questions or need legal advice, please feel free to contact me.
Sincerely,
Marcus Hering
Family Law Attorney
