A Separation Agreement is not a divorce. There are plenty of ways in which you can differentiate between the two.
A Separation Agreement or what is commonly called as a ‘Judicial Separation’ is only an order of Court that, if granted, breaks up the commitments or benefits brought out by a marriage.
Until and unless, the divorce begins, this agreement is binding on both parties. This is to let you have some more time to give your decision another thought.
But, during this period, the parties can ask the Court to confirm the terms of the Separation Agreement. It is obvious that a Separation Agreement will help you get divorced more easily. But, the judge still bears the authority to turn down the agreement at any time if something goes against the interest of either one of the parties.
Separation Agreements are relatively easy to obtain. They are available online as well.
It is easy to obtain it only if both the parties are ready for the separation.
The duration of a separation Agreement is also quite reasonable. It is only in the later stages that the separation agreement is merged into the judgment of divorce.
Though, a merged Separation Agreement has no legal significance, it plays a major role as “a substitute for a judgment of the Court that is entered into by condition and has no greater or lesser power than a judgment of the Court entered after trial.”
After this is done, both the parties agree that the marriage is broken and that they can now proceed individually for the proceedings of a divorce.
The separation agreement that meets the needs of everyone involved is called ‘a Structured Separation Agreement’. The couple is required to sign the ‘Memorandum Of Understanding’ which confirms that they will abide by the agreements made.
However, the Memorandum of Understanding can be repealed if the couple plans to reunite.
On one hand, a Separation Agreement is just a means of getting a divorce more easily.
On the other hand, a divorce is a Court judgment that terminates a marriage. In this case, you ought to have a legal reason for the divorce.
The court not only legally ends the marriage but also make decisions pertaining to the monetary and child-related affairs. Generally, in case of a divorce, there is a twenty-one day waiting period after the defendant has been given his or her copies of the divorce papers.