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Ally Web Directory: Free Articles » Family » Trial Separation

Trial Separation

by: jameswalsh
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To ensure that this does not happen, trial separation is a recommended course. Trial separation allows the couple to re-visit their feelings and issues. It helps them decide if reconciliation or a final legal separation is the answer for them.

 

A trial separation allows the spouse who wants the divorce to experience feelings of being separated without making a final decision to divorce. The main advantage of a trial separation pertains to its nature of reversibility. A couple can decide to live separately for a while. The spouses have the option of re-analysis of their priorities and goals. They may decide to approach a marriage counsellor to work things out. Or, the trial separation could give them reason to finally separate or divorce.

 

Reasons for Trial Separation

 

Uncertain of Divorce: It usually happens that a couple is not sure of a final legal separation. The partners are in two minds about divorce. They feel that they need time alone to themselves. They think that being alone will help in sorting out emotions and issues. Time alone also aids the individual to know the experience of divorce firsthand without actually being divorced. It helps the couple decide which path to choose. The couple can either visit a professional marital counsellor to save their marriage. Or, they may decide that the trial separation had merely proven their paint. There ought to be no reconciliation. The couple may decide to move ahead with divorce.

 

Legal & Religious Issues: Sometimes a trial separation is needed for a divorce to be finalised. Many times, family courts demand that couples try staying separately to know their true feelings on the matter. According to recent legislative amendments, it is compulsory for a couple seeking a divorce to have been separated for some period of time.

 

In other cases, couples need to be separated to ensure that one can continue to be insured for medical purposes by the other's company. Sometimes, religious factors also contribute to the existence of trial separation. Some religions do not allow a couple to divorce. The couple can opt for trial separation whereby they stay separate leading individual lives but are still legally married.

 

During Divorce Process: Sometimes a trial separation automatically happens. It is not planned. The couple lives apart during the divorce process. It is a reversible separation period where a spouse can halt the divorce process. The couple may decide to give the marriage a try. They may decide to approach a marriage counsellor.

 

Types of Separation Agreements

 

Informal Separation: Usually couples contemplating divorce decide on informal separations. There are no legalities and agreements involved. The separation is worked out by mutual verbal consent. This kind of separation does not involve any neutral third parties. The Family Solicitors of London argue that more than 87% of couples who opt for informal separations never get divorced. They always go in for professional marriage counselling.

 

An informal separation is described as a mutually consenting separation of proximity. One of the spouses typically stays close to the living quarters of the other. This allows for easy communication, frank discussion and an airing of issues. There is no formal property division. But, usually the couples decide on a verbal informal working arrangement about possession of cars, bank accounts, credit cards and stereo.

 

Formal Legal Separation: A formal legal separation is permanent, complicated and expensive. Usually the couple hires a solicitor to compose a formal separation agreement. This agreement has to signed by the couple, the solicitor and two witnesses. The agreement has to be registered. It usually acts as the guideline for the financial divorce agreement. The Family Solicitors of London argue that formal legal separations mark the path to a divorce.

 

An important aspect of the legal separation agreement is the financial written agreement. This agreement is basically formulated for the protection of the spouses. It clearly states the demarcation of property, child custody, matrimonial assets, bank accounts, debts and credit cards.

 

Healing/ Managed Separation: This kind of separation involves living apart for a while with the decision to divorce or not postponed till a future date. Healing separation allows couples time to cool off, think rationally and test living alone again. It is an opportunity for couples and children to determine the lifestyle they want to pursue in the future. Usually healing separations are seen as a modification of behaviour marital counselling. The difference is that after the discussion, the couple goes back to his or her single living quarters.

 

The focus of healing separation is on the self. The goal is the personal growth of the individual. Emphasis is laid on bettering relations with spouse and children. The assumption is that clear identification of self will help the individual in identifying life needs and goals.

About the Author

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

Source: Ally Web Directory


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