The 6 differences between separation and divorce

Marriage crises can give way to these two situations, which are often confused.

They say that love is the force that moves the world. And the truth is that it is one of the most powerful emotions, capable of making us unite our life and our path to those of another person.

But sometimes love also comes to an end. It is possible that a couple cannot resolve incompatibilities of character or life goals, that infidelities occur and cannot be forgiven, or simply that the flame of love that united the couple is extinguished, that the flame of love that used to unite the couple ends up extinguishing or transform into something totally different from what our partner made us feel.

In many of these cases the components of the couple may decide that the best thing could be to break the relationship or let it rest for a while, either to reflect or to resume their own path alone. This breakup can take many names, the best known being separation or divorce. But although they are sometimes spoken of interchangeably, the truth is that we are dealing with two terms that are not synonymous. Throughout this article we are going to make a brief definition of each one of them and we are going to to see the differences between separation and divorce.

Separation and divorce: basic definition

Separation and divorce are two terms widely known by the majority of the population, often being deeply intertwined with each other. However, we are not dealing with synonymous concepts, each of them referring to a different reality.

By separation we understand the process by which the termination or cessation of life as a couple takes place, either as a result of a decision by both partners (de facto separation) or by judicial means.

Although separation implies that each of the members of a couple will move on to live their lives as a couple. will go on to live their lives independently (having to agree on the (having to agree on the custody and care of the offspring, aspects related to housing or the division of assets, annulling the matrimonial property regime) does not imply per se the dissolution of the couple at a legal level, in practice both parties remain married.

The separation implies a situation in which the couple can go on to reconcile or to divorce, being generally at present a period in which its members finish deciding whether to try to return or to cease their relationship completely.

Divorce is the process by which the members of the couple completely extinguish their conjugal union, thus putting an end to the marriage. an end is put to the marriage and after finalizing the process they are no longer married. While in the past it was necessary that both spouses agreed to this step, nowadays it is only necessary that one of them requires it and it is not necessary the agreement of the other to end their legal relationship.

However, it will be necessary to establish, either by mutual agreement or by judicial means, aspects such as the custody, care and maintenance of the children, the visiting regime for the one who does not have custody or the distribution of the assets in case of maintaining a community property regime.

In practice, both concepts have many aspects in common.Generally, in both cases there is a dissolution of a couple's relationship, as well as the cessation of the regime of shared and community property, the elimination of powers such as the possibility of inheritance or donation and rights with respect to and the taking of different types of legal measures with respect to the custody, maintenance and care of children and dependents.

In fact, historically they have been so closely linked that in Spain, until 2005, in order to be able to divorce, it was necessary to have been separated. But as can be deduced from their descriptions, there are differences that differentiate them from each other.

Differences between separation and divorce

Separation and divorce, although as we have said, are two concepts that although they have a lot in common, in the end they refer to different processes which have elements that allow them to be distinguished. In this sense, the main differences between divorce and separation are the following, although the latter has more to do with the colloquial use of the term than with the concept itself.

1. Extinction of the marriage

The main and most notorious difference between separation and divorce refers to the type of bond that such rupture implies.

While in the separation we refer only to the cessation of cohabitation and life in common (having legal effects on the assets, custody of children, pets and dependents and on the possibility of inheritance) without both subjects cease to be married, in the case of divorce the matrimonial union ceases completely, leaving both subjects of being united in the marriage.In the case of divorce, both parties cease to be legally united with all that this implies.

2. Reversibility

A second difference between separation and divorce is the reversibility of the process. Divorce implies a totally irreversible dissolution of the marriage even in case of reconciliation, the only legal alternative being to remarry. Separation, on the other hand, does not extinguish the marital bond.In case of reconciliation, the couple would still be legally united and could reinstate the previous rights and the legal status prior to their separation after having notified the judge.

3. Remarriage

Another difference, directly derived from the previous one, is the possibility of remarrying another person. In the case of divorce the legal bond that united the people has been dissolved, being able to remarry with other people if they wish to do so. However, when we speak of separation there has not been a dissociation between the betrothal, so that are still legally married and cannot remarry (otherwise bigamy would be committed).

4. One does not necessarily imply the other

Although it may seem strange and usually when a divorce occurs, separation also comes with it, the truth is that one does not necessarily imply the other: it is possible for a couple to separate (even legally) without getting divorced because, for example they do not yet know whether to reconcile or divorce.It is also the less frequent fact that although the couple is legally divorced, in practice they can continue to live together without separating (beyond the legal separation and the cessation of the rights of the marital union).

5. Availability

Another difference can be found in the fact that there is the possibility of recourse to the procedure in question. Although it is possible to divorce in most countries today, there are still some countries where divorce is not legal, such as the Philippines and the Vatican. In these places, separation is the only possible option for couples who no longer want to stay together. for those couples who no longer want to continue togetherIn these places, separation is the only possible option for those couples who no longer wish to remain together.

6. Difference in the use of the term: existence or non-existence of effects at the legal level

A possible difference between separation and divorce comes from the colloquial use of the first of the terms, not really being a difference if we are talking about a legal separation.

And it is that when we speak of separation in many cases we are speaking of a de facto separation, in which both people agree to stop seeing each other for an undetermined period of time, without there being any type of legal separation. without any type of judicial intervention and in which there would not have to exist and in which there would not have to exist an affectation at legal level.

This would be a difference with the term divorce, in which we always speak of the extinction of a marital bond in which there are effects at a legal level. However, there is also separation as a judicial proceeding, in which legal institutions would mediate and which would have a legal effect applicable to aspects such as assets and custody of children. Thus, this difference is not such except in the more generic concept in which the term separation is used.