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What is a Trial Separation, and Does it Work?

You may have heard the term ‘trial separation’, but be unsure of its meaning and implications when ending a marriage or civil partnership. A trial separation is not a legal term, rather, it is an informal agreement between a couple to live apart temporarily while deciding whether to continue their marriage or divorce. It offers time apart to reflect on the marriage and whether separation is what is wanted. Unlike legal separation, a trial separation does not involve any legal proceedings, making it a flexible option for couples who are uncertain about their future together.

What is a trial separation?

A trial separation typically involves partners agreeing to live separately for a period of time without getting divorced or dissolving their civil partnership. This period of separation can provide the necessary space for individuals to reflect on their relationship without the pressure of living together. The primary goal of a trial separation is to gain perspective on the marriage and determine whether it can be salvaged. In some cases, the separation cements the decision to separate, while for others, it confirms the strength of the relationship and the willingness to make it work.

 

How does a trial separation work?

In order for a trial separation to work effectively, it is important to work together to put the necessary plans in place. This includes:

  • Defining the purpose of the trial separation – It is important to agree on why you are separating on a trial basis. Are you trying to save the marriage, or are you testing life apart to see if divorce is the right option?

  • How long the separation should last - Decide between you how long the trial separation will last. This period can range from a few weeks to several months, depending on your mutual needs.

  • Communication rules – Try to agree on how and when you will communicate during the separation. Regular check-ins can help maintain a connection without overwhelming either partner.

  • Living arrangements – Who will stay in the family home with the children, and who will move out?

  • How bills will be paid/split – If you have two lots of bills, how will you cover these?

  • Boundaries regarding dating or interactions with each other. 

  • Arrangements for children – Who will take the children to school and pick them up, when will the children stay with the non-resident parent, etc?

  • Transport arrangements - What will you do if you only have one car?

It may also be helpful to seek couples therapy during the trial separation. This can provide guidance and support to both parties, helping to address underlying issues and improve communication.

 

Can a trial separation help a marriage?

A trial separation can be beneficial for many couples, but its success largely depends on the specific circumstances and the effort both partners are willing to put into the process. For many couples who take this approach, time apart can help them gain clarity about their feelings and the future of their relationship. It allows each person to reflect on their needs and the changes required for a successful reconciliation. Physical distance can reduce the frequency and intensity of conflicts, providing a more relaxed environment in which to think clearly about the relationship. This can be especially beneficial for any children involved. 

Another perspective is that a trial separation can be an opportunity for personal growth. Individuals can use this time to work on themselves, addressing personal issues that may have contributed to marital problems. It can also foster a greater sense of appreciation for the other person. As they say, “Absence can make the heart grow fonder”.

 

Trial separation: Does it work?

 

Trial separation can and does work in some cases. The following are essential in achieving a successful outcome of a trial separation:

  • Both partners must be committed to working on the relationship during the period of trial separation. If one partner is already leaning towards divorce, the separation might hasten the end rather than prevent it.

  • Ensure clear, honest communication during the separation. Misunderstandings and unmet expectations can derail the process.

  • Engaging in couples therapy or counselling can help address deep-seated issues, and

  • Understanding that a trial separation is not a guaranteed solution but a step towards making an informed decision about the future of the marriage is important.

While a trial separation can offer numerous benefits, it also comes with challenges. Maintaining two households can create financial stress, which in itself can hasten the separation. Living apart from one another can also create feelings of loneliness and uncertainty about the future, which can be emotionally difficult for some.

02 September 2024
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Final words

 

A trial separation can be a useful tool for couples who are having difficulties with their marriage or civil partnership. Providing space for reflection and personal growth can help partners gain a clearer understanding of their relationship and whether it can be saved. While it is not a ‘one-size-fits-all’ solution, for many couples, a trial separation can lead to a stronger and healthier marriage.

Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you with all relationship matters. To make an appointment, please call us on 01932 840 111.