Separating - Married couples
Is your relationship coming to an end? Navigating the complexities of separation, especially when it involves financial arrangements, can be one of the most daunting life events imaginable.
We understand that each separation is unique, with its own set of challenges and emotional complexities. We will provide you with the support and guidance you need to navigate this difficult period with as much ease as possible.
Starting proceedings is not a step anyone takes lightly but, unless there are international or other complicating factors, the process itself is usually fairly straightforward. It is often the fallout from the separation such as the emotional upset, financial uncertainty and family upheaval that can make the situation challenging.
We are committed to helping you achieve a fair and amicable resolution, whether through negotiation, mediation, or court proceedings. Our lawyers will advocate for you every step of the way, providing clear and practical advice to help you make informed decisions about your future.
We'll put your children first
Whether you're married or not, the legal position regarding arrangements for children when couples separate is essentially the same. We will discuss with you how mediation, collaborative practice, or arbitration may help achieve the right outcome for you, where court proceedings might not be necessary.
While simply living together doesn't grant separating cohabitants any automatic financial rights against each other, child maintenance is handled separately. Usually, regular maintenance is payable in line with the Child Maintenance Service (CMS) formula. For high earners, the court can order additional payments beyond the CMS maximum. If there is any dispute over private school fees, the court can also mandate their payment. With our extensive experience, we can guide you through these issues and ensure you understand your options and rights.
How we can help
We can provide guidance on:
- Entitlement to divorce, civil partnership dissolution or annulment of marriage and the process and procedures that apply.
- How to apply for a divorce or dissolution, the ground for divorce, the relevance and timing of the different stages of the divorce process such as decree nisi (or conditional order) and decree absolute (or final order) and how to make sure you understand and protect your rights throughout.
- Arrangements for children, where they live and the time that they spend with each of you (this is still often described as "custody and access" or “residence and contact” although those legal terms haven't applied for many years in England and Wales).
- The financial consequences of divorce and dissolution, including maintenance, property, savings, pensions, business assets and trusts.
- International aspects.
Our separation lawyers
Resources
Explaining family law podcast
Facing a family law issue and not sure what's involved? Our podcast is the right place to start.
Family and children blog
Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.
Family law vlogger YouTube
On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.
Separating and divorce FAQs
For most couples, separation is often an informal agreement. It does not have the same legal consequences as a divorce and it does not end your marriage or civil partnership. You cannot remarry if you are only separated. A divorce legally brings the marriage to an end meaning you are free to remarry.
Some couples decide to separate but are not yet ready to divorce. Separation agreements are written agreements that can help set out how the separation is going to work. For example, who is going to pay the mortgage and what will happen if the separation is going to be permanent.
A judicial separation is a very specific type of separation. You need to make an application to the Family Court for this. Whilst the marriage is not legally brought to an end, with a judicial separation the court can make orders dividing money and property in a similar way to divorce. Judicial separations are not that common but can be used where couples are, for religious or moral reasons, against divorce or if the marriage has broken down within the first year.
If you feel that things are really bad and you’re struggling to resolve things yourselves then why not consider seeing a counsellor who specialises in relationships? They will be able to help you unpick what’s going wrong and what steps are needed to change things. If you both still want to make things work then getting professional help can be the support you both need.
Contact our team today
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