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If me and my husband legally separate instead of divorce do we have to sell the house and decide our assets

Joanna
16.01.2022 14:42:37

1249

Me and my husband are thinking of getting a legal separation instead of divorce at this stage
Do we legally need to split our assets? Ie sell the house and business etc

Replies (1)

Holly from amicable
20.07.2022 14:57:28

Hi Joanna, thanks for reaching out to amicable. A legal separation (judicial separation) is the process of going through the courts to formalise your separation and is usually done for religious reasons (ie. a couple don't believe in divorce). Conversely, a divorce is the process of going through the courts to formally and legally end your marriage. If you plan on eventually divorcing, then most people would wait until they are ready to divorce, rather than to pay to sets of court fees. If you get a legal separation, you will be able to make your financial arrangements legally binding through a consent order, or you can do this at the point of divorce, but your financial disclosure would be based on your finances as they are now - not when you first separated. I hope that helps.

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