Personal: Separation

Before you separate it is in your interests to obtain good legal advice. For example if you have children and leave the children in the marital home with your spousal partner, it may weaken your position in relation to obtaining a residence order in respect of the children. Would this be best for your family? You may be more familiar with the phrase "custody order" which has effectively been replaced by a residence order.

There are circumstances in which your partner can be made to leave the home usually where you have suffered violence or threats of violence. You may have grounds to apply to the Court for protection and/or the removal of your partner from the home. This does not alter the legal ownership of the property but will affect the right to occupy and should give you some space before deciding how to proceed.

Further there are financial issues which you should address before leaving.

If your name is not registered on the title deeds it is usually advisable to register your interest in the property in order to protect any financial claim which you may have. You should take specialist legal advice as to whether this is an option. This option is always available if you are married.

Make sure that you take with you your passport, driving licence and other important papers. You will need to produce two forms of identification when you seek help from a solicitor and identification will be needed if you are applying for a mortgage.

It is worthwhile making a list of the assets, savings and other resources which you have at the time of separation. The Courts can treat assets differently which are required after separation although such assets are not ignored when reaching a financial settlement. Furthermore, when you have left the home, it may be difficult for you to remember details of bank accounts, policies, mortgages, etc.

Separation can be an extremely difficult time. Some clients need additional support to help them through it and we can refer you to professionals who can assist in dealing with the emotional turmoil of a relationship breakdown.

If you wish to discuss matters with one of our team concerning your situation please do not hesitate to contact us on This e-mail address is being protected from spambots. You need JavaScript enabled to view it or telephone us. Click here for our contact details.