Divorce vs Legal Separation
Divorce legally ends a marriage, while legal separation (a judicial separation) allows you to formalise the end of your relationship without dissolving the marriage. Understanding the difference helps you choose the right path for your circumstances.
| Feature | Divorce | Legal Separation |
|---|---|---|
| Ends the marriage | Yes — marriage is formally dissolved | No — you remain legally married |
| Can remarry afterwards | Yes | No — you are still married |
| Financial claims | Clean break financial order possible | Financial claims remain open — you stay financially connected |
| Court fee | £593 | £365 |
| Grounds | No-fault (irretrievable breakdown — no reasons required) | No-fault (same basis) |
| Property and assets | Financial order can permanently resolve property and asset division | Maintenance agreement can be made but no permanent clean break |
Some couples choose legal separation for religious or financial reasons (e.g. keeping access to a spouse's pension or benefits). Always take legal advice on the financial implications before deciding.
Related guides
No-Fault Divorce
The Divorce, Dissolution and Separation Act 2020 fundamentally changed divorce law in England and Wales when it came into force in April 2022. For the first time, couples can end a marriage without having to allege fault — such as adultery or unreasonable behaviour — against each other. The process is now simpler, less adversarial, and can be completed jointly or by one spouse alone.
9 min
Cohabitation Rights
More than 3.6 million couples in England and Wales live together without being married or in a civil partnership. Despite this, English law does not recognise "common law marriage" — there is no such legal status. Cohabiting couples have far fewer automatic legal rights than married couples or civil partners, and a separation can leave one partner — often the financially weaker one — in a very vulnerable position. Understanding the law before a crisis occurs is essential.
9 min
Civil Partnerships
Civil partnerships in England and Wales were introduced for same-sex couples by the Civil Partnership Act 2004. Since December 2019, following a Supreme Court ruling, opposite-sex couples can also register a civil partnership. A civil partnership confers rights and responsibilities equivalent to marriage — including rights over property, pension, inheritance, and tax. Understanding how civil partnerships work and how they differ (in some limited respects) from marriage is important for all couples considering this status.
8 min
Disclaimer