Things to Consider When Looking for Legal Separation

Filing for legal separation is a tough decision to make. Leaving your marriage and partner of several years is an emotionally-draining situation. But it’s a decision that needs to be made, when you’re left coping with relationship problems that cannot be solved with couple’s therapy.  

With that in mind, when separating with your partner, there are a few things that need to be figured out:

• Your living situation
• Distribution of income/wealth/property
• Custody of children (if any)

Another problem to look into is whether or not you’re allowed to stay in the U.K. if you’re dependant on your spouse’s visa.

Filing for Legal Separation

The procedure for a legal separation works differently in different countries. In the U.K., you have to be married for at least a year before you can file for separation. This is so couples can work out their differences before they are sure of their decision.

Before filing for separation, it is often recommended that couples try to solve the issues between themselves, or seek professional guidance.

When Children are Involved

Courts don’t decide whether a child should stay with one parent or not.

They first see if the parents can solve the issue themselves. This is known as the ‘no order principle’.

However, there are some exceptions if one parent feels:

• Their children are in danger (due to a history of domestic violence)
• Their spouse is controlling/abusive
• Couple’s therapy has not been helpful

In such cases, it is advised to seek legal help as soon as possible for custody. However, if the court decides that the other parent is allowed to see their children, their partner is to cooperate.

Financial Aid

According to the laws in the U.K, for a set period of time, spousal support is to be paid. This is for the partner who has a higher income. This can be until one of the partners dies, enters a civil relationship, or gets remarried. If one of the partners loses their job or gets better work opportunities, the agreement can be changed.

If children are involved, child maintenance services can order child support. This, however, is for children who are:

• Under the age of 16
• Living with a parent who has registered for child support/benefits
• Still in school (but not higher than A-level)

Grandparents and guardians can also apply for child benefits. But if you’re a guardian who lives outside of the U.K., these services are not applicable.

Another important thing to remember is that your spouse cannot force you out of your home. One of you can leave or sell the house you’re residing in.

If you are renting a place together, you have the option to end your tenancy. This depends on whether you have the right to stay in your current residence—if your names are on the deeds.

Wembley Solicitors provides legal aid/advice to individuals seeking legal separation. Visit their website for further information laws in the U.K. or call 020 3417 3700. You can send an email to info@wembleysolicitors.com for questions/queries.