Deciding to separate marks a new chapter for you both. It is also an important transition in re-framing your family unit, and moving to an effective co-parenting partnership for your children. From a legal perspective, there are three key issues we need to consider:

1. Resolving Finances: You will need to reach a binding agreement on how to divide your finances. Please be aware that any agreement you reach will only become legally watertight if it is made into a Court Order, so the sooner you get legal advice on what the Court would view as fair the sooner you can negotiate knowing your deal will be endorsed by the Court. This is why, at The Divorce Surgery, we are so committed to joint, impartial advice, as we want couples to look at their situation the way a Judge would from day one.
2. Co-Parenting: You will need to agree the caring arrangements which work for your children, in your re-shaped family unit. The sooner you can have a constructive discussion about the arrangements for your children, the better, as adversarial legal proceedings drive people apart and make it much harder to co-parent in the future. Which is why we offer a joint Living Apart Parenting Together service, so you can access advice together from an impartial co-parenting expert and a specialist family law barrister, so you can both hear what a Judge would be likely to do, and so we can help you draw up a parenting plan which works for your family.
3. Divorce Application: If you wish to divorce or dissolve your civil partnership, then you will need to change your legal status. This is done by an online divorce application (or if you are civil partners, a dissolution, for which the process is the same). We offer a FREE divorce application service, and can talk you through the process, including how it interrelates with the division of your finances, at our Introductory Sessions.

Deciding to separate marks a new chapter for you both. From a legal perspective, there are two key issues we need to consider:

1. Resolving Finances: You will need to reach a binding agreement on how to divide your finances. Please be aware that any agreement you reach will only become legally watertight if it is made into a Court Order, so the sooner you get legal advice on what the Court would view as fair the sooner you can negotiate knowing your deal will be endorsed by the Court. This is why, at The Divorce Surgery, we are so committed to joint, impartial advice, as we want couples to look at their situation the way a Judge would from day one.
2. Divorce Application: If you wish to divorce or dissolve your civil partnership, then you will need to change your legal status. This is done by an online divorce application (or if you are civil partners, a dissolution, for which the process is the same). We offer a FREE divorce application service, and can talk you through the process, including how it interrelates with the division of your finances, at our Introductory Sessions.

Deciding to separate marks a new chapter for you both. It is also an important transition in re-framing your family unit, and moving to an effective co-parenting partnership for your children. From a legal perspective, there are two key issues we need to consider:

1. The financial arrangements for your children. If you are unmarried, you will have no automatic legal claim against each other’s assets or income. One of you may be able to claim a right of ownership in respect of property the other holds, either due to the way the asset was purchased or because of the way you have each behaved since. Regardless of whether you have a property claim, you may be entitled to make legal claims against each other for financial provision for any children you have together. This is a complex area. Please be aware that any agreement you reach will only become legally binding if it is made into a Court Order, so the sooner you get legal advice on what the Court would view as fair the sooner you can negotiate knowing your agreement will be endorsed by the Court. This is why, at The Divorce Surgery, we are so committed to joint, impartial advice, as we want couples to look at their situation the way a Judge would from day one.
2. Co-Parenting: You will need to agree the caring arrangements which work for your children, in your re-shaped family unit. The sooner you can have a constructive discussion about the arrangements for your children, the better, as adversarial legal proceedings drive people apart and make it much harder to co-parent in the future. Which is why we offer a joint Living Apart Parenting Together service, so you can access advice together from an impartial co-parenting expert and a specialist family law barrister, so you can both hear what a Judge would be likely to do, and so we can help you draw up a parenting plan which works for your family.

If you are unmarried or not in a civil partnership, you will have no automatic legal claim against each other’s assets or income. Despite the term often being quoted in the papers, there is no such thing as a ‘common law marriage’. 

One of you may be able to assert a right of ownership in respect of property the other holds, either due to the way the asset was purchased or because of the way you have each behaved since. If you are in an unmarried relationship, ensure you get legal advice to protect your position, ideally before you purchase property or assets, or else afterwards, so you both understand who owns the asset. Property claims can be complex and the more you can do to clarify the situation before you separate, the better. At present this is an area we do not advise on at The Divorce Surgery, but we are always happy to refer you to other professional advisers who would be able to assist.