What is the difference between separation and divorce?
April 20, 2023 | 40,00 EUR | answered by Alexander Hartmann
Dear lawyer,
My name is Yvonne Hahn and I am facing a difficult decision regarding my marriage. My husband and I have separated some time ago and now I am wondering what the exact difference is between a separation and a divorce.
The situation is as follows: My husband and I have decided to go our separate ways for the time being and have been living apart for some time now. We do not have any children together and also do not have any shared assets that would need to be divided.
My concerns lie in the fact that I am not sure what the legal consequences of a separation compared to a divorce are. I am wondering if a separation is sufficient from a legal perspective to formally end our marriage or if a divorce is necessary to dissolve all legal ties.
My question to you as an expert in divorce law is therefore: What are the differences between a separation and a divorce? What are the legal consequences of a separation compared to a divorce and what specific steps would we need to take to officially end our marriage?
I thank you in advance for your expert advice and support.
Sincerely,
Yvonne Hahn
Dear Mrs. Hahn,
Thank you for your inquiry and your trust in my expertise in the field of divorce law. It is understandable that you are in a difficult situation and need clarity on the legal differences between a separation and a divorce.
The main difference between a separation and a divorce is that a separation does not constitute a formal dissolution of the marriage, while a divorce does. In a separation, the spouses live apart from each other but are still legally married. This means that they are still obligated to support each other and make joint decisions, unless they have changed this through a specific agreement.
A separation can be either mutual or unilateral. In a mutual separation, the spouses can enter into a separation agreement to settle legal and financial matters such as support and division of marital assets. A mutual separation can later be converted into a divorce if both spouses desire it.
A divorce, on the other hand, is the formal process of legally ending the marriage. In court, the marriage is officially dissolved and decisions regarding support, custody (if there are children involved), and division of assets are made. A divorce has final legal consequences and ends all legal ties between the spouses.
In your case, since you have no children and no shared assets, you may consider a separation if you can reach a mutual agreement with your husband. However, if you wish to formally dissolve the marriage and end all legal ties, a divorce would be the right step.
To officially end your marriage, you will need to file for divorce in court and go through the divorce process. This usually involves a court hearing where all relevant matters are resolved. It is advisable to seek advice from an experienced attorney to ensure that your interests are protected and all legal steps are properly taken.
I hope this information helps and clarifies the difference between separation and divorce for you. If you have any further questions or need assistance in making your decision, I am here to help.
Sincerely,
Alexander Hartmann
Divorce Attorney
