​Legal Steps to Take on Separation

There may be a number of legal and financial processes that you need to go through to separate. This will vary depending on whether you are married or unmarried and the nature of your assets.

Are you married?

It is important to take legal advice from an experienced divorce lawyer when you first separate to ensure that all the necessary steps are taken at the correct time and are in your best interests. Your family solicitor can guide you through this.

You may need to deal with the following legal processes:

1. Obtain a divorce
2. Obtain a financial court order dealing with the financial aspects of your separation in relation to any property, lump sum, spousal maintenance and pension provision under Section 25 of the Matrimonial Causes Act 1973. Obtaining a divorce does not resolve financial matters and it is therefore important to obtain a separate financial court order dealing with this. If you fail to do so your respective financial claims against each other may remain open which is usually considered unsatisfactory as it may lead to one making a claim against the other in the years to come. Often there is no need to go to Court. If there is an agreement a financial Consent Order can be prepared and sent to the Court to be dealt with on a paperwork basis. It is crucial that this document is prepared by a lawyer who specialises in divorce and finances to ensure it is legally binding.
   WARNING: If you fear that your ex-partner is concealing or disposing of assets it is important to take legal advice without delay.
3. Make arrangements regarding the children by agreement with your former partner unless there are safeguarding issues in which case it is important to obtain legal advice as soon as possible. Other than where there are safeguarding concerns the courts would prefer parents to agree arrangements for the children between themselves. This is not always easy particularly when tensions can be running high following separation. We can help you navigate this path and negotiate arrangements on your behalf. If it is not possible to reach an agreement either through solicitor negotiation or mediation then it may be necessary for an application to be made to the Court. Again, we can support you through this process.
4. Deal with any property conveyancing formalities if a property is to be transferred, sold or purchased following the making of a financial Consent Order. This will not happen automatically and you will need to instruct a conveyancing solicitor. We can refer you to our team of conveyancing lawyers during the process.
5. Prepare a new Will. Again, we can refer you to our in-house Wills department for further advice.

Do you cohabit?

A commonly held misconception is that cohabitees have the same or similar rights as married couples. This is not the case if you live together as a couple or upon separation. You may however need to deal with the following legal issues:

1. Assess your financial interest in any property.
2. Deal with any property conveyancing formalities if a property is to be transferred, sold or purchased.
3. Prepare a new Will.
4. Consider whether any nomination needs to be changed on any life insurance, pension policy etc.
5. Try and make arrangements regarding the children by agreement with your ex-partner unless there are safeguarding issues in which case it is important to obtain legal advice as soon as possible. The courts would prefer not to become involved in arrangements regarding children and would prefer for parents to agree matters between themselves. If this is not possible then it may be necessary for an application to be made to the Court.

There are a number of ways to try and resolve matters upon separation. Normally issues are resolved through lawyer negotiation. If matters cannot be settled via this route parties may try mediation or arbitration as an alternative route prior to making an application to the Court.

Sills & Betteridge have a large team of experienced family lawyers who are specialists in their field and have a deep knowledge of the law. Our divorce lawyers work hard on behalf of their clients and have an outstanding success record which has resulted in them winning numerous awards over recent years, including Top Tier in the Legal 500, Children Law Firm of the Year and the prestigious Family Law Firm of Year - Midlands and Wales at the Family Law Awards. Our family solicitors are approachable, hard-working and care about achieving the best outcome for their clients which can be demonstrated by the number of client reviews they receive.

For more information, please contact a member of our Family Law team on 0800 542 4245 or email info@sillslegal.co.uk.

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