The 6 differences between separation and divorce

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 join our life and our path to those of another person.

But, nevertheless, sometimes love also ends. It is possible that a couple cannot resolve incompatibilities of character or vital goals, that infidelities occur and these cannot be forgiven or, simply, that the flame of love that united the couple ends up being extinguished or transform into something totally different from what our partner made us feel.

In many of these cases, the members of the couple may decide that the best thing to do would be to break the relationship. relationship or let it rest for a while, to either reflect or resume one's own path in lonely. This break 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 of them and

see the differences between separation and divorce.

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Separation and divorce: basic definition

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

We understand by separation the process through which the termination or cessation of life as a couple occurs, this being the product of a decision on the part of both components (separation in fact) or through judicial.

Although the separation implies that each one of the members of a couple you will move on to live your life independently (having to agree on the custody and care of the offspring, aspects related to housing or the division of assets, annulling the matrimonial economic regime) does not imply per se the dissolution of the couple at a legal level, following in practice both subjects married.

Separation implies a situation in which the couple can either reconcile or divorce, being therefore Generally today a period in which its members finish deciding whether to try to return or completely cease their relationship.

With regard to divorce, the process by which the members of the couple completely extinguish their conjugal union is known as such, in such a way that put an end to the marriage and after completing the process they are no longer married. While in the past it was necessary for both spouses to agree to this pass, today it is only necessary for one of them to require it and not requiring the agreement of the other to end their relationship legal.

However, it will be necessary to establish, either by mutual agreement or by judicial means, aspects such as custody, care and maintenance. of the children, the visitation regime for those who do not have custody or the distribution of assets in the event of maintaining a regime of profit.

In practice, both concepts have many aspects in common.: In general, in both cases there is a dissolution of a couple 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 beings in situation of dependence.

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

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Differences between separation and divorce

Separation and divorce, although as we have said they are two concepts that, although they have a lot in common, basically refer to different processes which They 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 to do more with the colloquial use of the term than with the concept itself.

1. termination of marriage

The main and most noticeable difference between separation and divorce refers to the type of bond that said break implies.

While in the separation we refer only to the cessation of coexistence and life in common (having legal effects if it is by judicial means over assets, custody of children, pets and dependents and over the possibility of inheritance) without both subjects ceasing to be married, In the case of divorce, the marital union is completely terminated., leaving both subjects to be legally united with all that this implies.

2. Reversibility

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

3. remarry

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 people has been dissolved, and they can remarry other people if they wish. However, when we talk about separation, there has not been a separation between the betrothal, in such a way that still legally married and they cannot remarry (or else they would be committing bigamy).

4. One does not necessarily imply the other.

Although it may seem strange and generally when a divorce occurs, separation also comes hand in hand, the truth is that one thing does not necessarily imply the other: it is possible for a couple to separate (even legally) without getting divorced for example because They still don't know whether to reconcile or divorce, as well as the less frequent fact that although the couple is legally divorced, in practice they can continue living together without separating (beyond the legal separation and the cessation of the rights of the union matrimonial).

5. Availability

Another difference can be found in the fact that there is the possibility of resorting to the procedure in question. And it is that although today in most countries it is possible to get divorced, 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 those couples who no longer want to continue together, and must also be a de facto separation.

6. Difference in the use of the term: existence or not of effects at a 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 talk about separation in many cases we are talking about a de facto separation, in which both people agree to stop seeing each other for an indeterminate time without there being any type of judicial intervention and in which there would not have to be an affectation at a legal level.

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