FAQs about Separation

Separation

The end of a marriage creates a number of issues, such as childcare duties and dividing possessions, which need to be sorted with careful thought.

What are the ways I could go about separating?

  • To separate informally without needing to go to court
  • To separate by drawing up a separation agreement
  • To end the marriage formally through divorce

Who should I inform when the marriage ends ?

If you and your partner have decided to separate you should inform your housing benefit and council tax office as well as your mortgage lender and utilities companies. You should also let your tax office know as well as hire purchase or credit companies. If you and your partner have a joint bank account they should also know; you should also consider freezing your account so that your partner is unable to withdraw all your funds.

Informal separation

You can avoid having to go to court while still making the necessary childcare, financial and housing arrangements. However any decisions you make in this scenario may affect future decisions if you ever go to court. A court still has the power in this case to change an arrangement it views as unreasonable or is not in a child’s best interests.

Separating with a separation agreement

A separation agreement is an agreement made between a couple who plan not to live together. It defines how they want to sort financial arrangements, property and child-care arrangements.

You may want to set out in the agreement details of wanting to live separately and not molesting or annoying the other partner. You may also specify what, if any, financial support one partner will give to the other for childcare and general maintenance. You can also specify who the children live and have contact with.

Having a written agreement which you can refer to make it easier for you both to remember and understand what has been agreed.

It is advisable to have a solicitor help draft the agreement but you may want to consider in advance which areas you will cover as this will save considerable legal costs.