Understanding Informal Separation: What it is and How it Differs from Legal Separation
Introduction
When a couple is experiencing difficulty in their relationship, they may opt for some type of separation. However, there are different types of separation, each with its own set of terms and conditions. Two of the most common types of separation are legal separation and informal separation. While they may sound similar, they are actually quite different. In this article, we will explore what informal separation is and how it differs from legal separation.
What is Informal Separation?
Informal separation is a type of separation where a couple decides to live separately from each other without any legal agreement or court intervention. It is essentially an agreement between two people to live apart and separate their finances without the involvement of the court system. This type of separation can be temporary or permanent and is often used as a trial separation before deciding to file for divorce.
How Does Informal Separation Differ from Legal Separation?
While informal separation and legal separation may seem similar, there are fundamental differences between the two. Legal separation is a court-approved separation agreement that outlines the terms and conditions of the separation. It is a legally binding agreement that protects both parties’ rights and responsibilities during the separation period.
In contrast, informal separation is not legally binding, and there is no court intervention. It is an agreement between two people that could be revoked at any time. Informal separation agreements cannot force a spouse to pay alimony, divide property, or pay child support. However, a legal separation agreement can.
Why Choose Informal Separation Over Legal Separation?
Couples may choose informal separation over legal separation for several reasons. One of the most significant reasons couples choose informal separation is cost. Legal separation requires a lawyer, and the cost can be substantial. Informal separation, on the other hand, does not require a lawyer, and the couple can make the agreement themselves.
Another reason couples choose informal separation is time. Legal separation can take several weeks and sometimes months to finalize, whereas informal separation can be decided upon and executed in a matter of days. Couples can come to an agreement on their own terms and conditions without the need for the court system.
Conclusion
In conclusion, as we have seen, informal separation is an agreement between two people to live apart and separate their finances without any legal agreement or court intervention. Legal separation, on the other hand, is a court-approved separation agreement that protects both parties’ rights and responsibilities during the separation period. While both types of separation serve the same purpose, they differ significantly in their terms, conditions, and legal status. Couples should choose the type of separation that works best for them based on their needs, resources, and individual circumstances.
