They say that love is a 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 with those of another person.
But, however, sometimes love also ends. 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 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 would be to break up the relationship or let it rest for a while, to either reflect or return to 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 of them. see the differences between separation and divorce
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 separation to be the process through which the termination or cessation of life as a couple occurs, this being the product of a decision by both partners (de facto separation) or by judicial means.
Although separation implies that each of the members of a couple he is going to live his life independently (having to agree on the custody and care of the children, aspects related to housing or the division of assets, canceling the marital economic regime) does not imply per se the dissolution of the couple at a legal level, with both subjects remaining married in practice. .
Separation implies a situation in which the couple can reconcile or divorce, generally currently being a period in which its members finish deciding whether they intend to return or completely cease their relationship.
With regard to divorce, it is known as the process by which the members of the couple completely extinguish their marital union, in such a way that an end to the marriage and after finishing the process they are no longer married. Although in the past it was necessary for both spouses to agree to this pass, currently it is only necessary for one of them to request it and the agreement of the other is not required to end their legal relationship.
However, it will be necessary to establish, whether by mutual agreement or by judicial means, aspects such as the custody, care and support of the children, the visitation regime for those who do not have custody or the distribution of assets in the event of maintain a marital regime.
In practice, both concepts have many aspects in common: generally in both cases there is a dissolution of a couple relationship, as well as the cessation of the regime of shared and marital property, the elimination of powers such as the possibility of inheritance or donation and rights with respect and the taking of different types of legal measures regarding the custody, support and care of children and beings in a situation of dependency.
In fact, historically they have been so 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.
Differences between separation and divorce
Separation and divorce, although as we have said, are two concepts that, although they have a lot in common, ultimately 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.
The main and most notable difference between separation and divorce refers to the type of bond that said breakup implies.
While in separation we refer only to the cessation of cohabitation and life together (having, if through judicial means, legal effects on assets, custody of children, pets and dependents and on the possibility of inheritance) without both subjects stop being married, In the case of divorce, the marriage union completely ceases leaving both subjects to be legally united with everything 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 case of reconciliation, with the only legal alternative being to remarry. Separation, on the other hand, does not extinguish the marriage bond so in the event of reconciliation the couple would continue to be legally united and could reinstate their previous rights and 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 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 they are still legally married and they cannot remarry (or else bigamy would be committed).
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 divorcing, for example because They still don’t know whether to reconcile or divorce as well as the less frequent fact that although the couple legally divorces, in practice they can continue living together without separating (beyond legal separation and the cessation of the rights of the marital union).
Another difference can be found in the fact that there is the possibility of resorting to the procedure in question. And although today it is possible to get divorced in most countries, 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 term, not really being a difference if we are talking about a legal separation.
And 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 indefinite period of time. without there being any type of judicial intervention and in which there should be no legal impact.
This would be a difference with the term divorce, in which we always talk about the extinction of a marital bond in which there are legal effects. However, there is also separation as a judicial procedure, in which legal institutions would intervene and which would have a legal effect applicable to aspects such as property and custody of children. Thus, this difference is not such except in the most generic concept in which the term separation is used.
