Family Law Week today reported on an Ohio State University paper which looked at married couples who separated in the United States. The report found that approximately 80% of those studied ended up getting divorced, 5% attempted to reconcile and 15% simply remained separated over the course of the ten year study. Couples who remained separated but not divorce tended to be in racial and ethnic minorities, have low family income and education, and have young children. This suggests that people may have avoided divorce due to the cost involved. There may also have been religious or cultural factors which deterred those individuals from divorcing. For married couples in England Wales who separate it is important to be aware of the dangers associated with being separated but not divorced. If you simply fail to go through the divorce process and accordingly do not deal with your financial claims against each other those potential claim remain alive. Therefore, even if you remain separated for a number of years your spouse could still make a claim against you in the future. If you were to win the lottery, receive an inheritance, or improve your own financial position after separation your former spouse could seek to benefit from that. Obtaining a divorce and a court order dismissing your financial claims against each other will ensure that there is a capital clean break between you and your spouse. Alternatively, if you have separated from your spouse but wish to explore options other than divorce, you can consider judicial separation which allows your separation to be formally recognised and financial orders made, without the need to go through a divorce. This may be an attractive option for those who do not wish to dissolve their marriage for religious reasons, or for those who don't want the finality of a divorce at this stage but do want to reach a financial settlement with their spouse. If you wish to discuss the options of separation and divorce please contact the Gateley family law team on 0161 836 7700 or by email at JRadcliff@gateleyuk.com You can also follow us on twitter at @gateleyfamily
Gateley provides a specialist family law service with a team based in Manchester. Elizabeth Hassall heads up the family law team, assisted by Esther Edmondson and Joanne Radcliff.
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