I have a slightly unusual family law query. I am separated / living apart for almost 4 years, with maintenance / PAO/ former family home/ child access sorted in a judicial separation by consent 2 years ago. I am considering proceeding to a divorce. I am not in a relationship, and am not currently seeking to remarry, although obviously I don't know what the future may hold. I just want to "complete things", and have the potential option of remarriage should I meet someone in the future etc
Question (1)- other than the right to remarry, does divorce change anything else, vis a vis just being judicially separated? My understanding is that in addition to the right to remarry, I cannot transfer assets between myself and my ex-wife tax free, and my ex-wife is not entitled to any residual on my death in payment spouses pension (other than what the PAO currently entitles her to, which has a non-adjustment order). However, I can't of any other ways it changes things. Am I missing something?
Question (2)- My understanding is that if a judicial separation by consent is made relatively recently, and the parties circumstances have not changed, then the courts are unlikely to attempt to alter the pre-existing agreement. Also,the judicial separation by consent states that the terms for separation will be the same terms for divorce. I don't know how if the persuasive effect of this clause if any diminishes with the passage of time.
Thus, bearing in mind all of the above, is it advisable to proceed to a divorce once the 4 years living apart is up just to get it "out of the way"/ minimise any risk of changing the current terms , or should I just sit on the fence, and then only look for a divorce in x years time if the issue of remarriage actually becomes relevant ?
Thanks in advance for any help with this long and rambling post!