Separation.

What is a Separation?

• Divorce is the legal dissolution or termination of a marriage,
• Whereas a legal separation does not put an end to the marriage but rather enables you to live separately yet still remain married.
• Separation means that you are still married in the eyes of the law.

Advantages of Separation:

• It allows you both to live separately while still being married.
• This can prevent any future arguments.
• It can also keep the relationship amicable for you and the children.
• A legal separation can protect the interests of both parties until the decision to file for divorce is made.

Some ways you could separate before proceeding with a divorce:

1. Trial separation is when you try living separately for a while. 
2. Living apart—where you decide to live apart for an extended period of time.
3. Permanent separation—where you split up and permanently live apart but does not make it legal.
4. Legal separations–where you decide to split up, live apart, and make it legal with a court order. 

What is a Separation Agreement?

• Separation agreements cover all issues that would be covered in a final decree of divorce.
• The Separation Agreement would become valid and binding
• It is enforceable in terms of the Law of Contract.
• a Spouse could approach the Court for assistance in respect of the other Spouse’s breach.
• South African Law does not recognize the status of Legal Separation, it would recognize the Separation Agreement and give force to it.

Separation Agreements would be specific to you and include:

• Spousal Maintenance
• Parenting Plan
• Maintenance for the children
• Children's residence
• Contact time with children
• Decision-making regarding children
• Medical Aid
• School Fees
• Marital Debt
• Payment of the Home Expenses (Bond, Rates, Municipal Utility Bills, Service Provider Costs, and Upkeep of the Home)

Divorce after Separation.

• If you decide to divorce, the formal separation serves as a starting point for the divorce process.
• If this were to happen, the judge would likely decide that the settlement terms that were agreed upon at the separation should be carried over because you were happy with the separation agreement.
  
• It is crucial to make sure that the settlement agreement is acceptable to both parties at the time of separation.
• When getting a divorce, the separation's terms are likely to stay the same.
  
• Conflicts regarding settlement agreements during the separation stage may seem pointless to address if a couple still has hope of reconciling.
• One may, however, have to live with their choice for the rest of their lives if they consent to unfavourable terms during the separation period.
  
• However, it is possible to ask the court to create a new divorce settlement agreement if the provisions of the separation agreement proved to be unworkable during the separation time (albeit it would be a difficult procedure).
  
• As a result, a formal separation agreement can be used as a learning tool to determine what terms you can and cannot accept following the divorce.