5 Steps To Take When Separating From Your Spouse

Separating from your spouse is an emotionally difficult time, but oftentimes, it is the most logical solution.

The end of the summer holidays often brings with it an increase in divorce but separating might feel like the right choice for now.

There’s a lot to think about when it comes to separation, and this guide is here to support you.

Steps to take when separating from your spouse include, but are not limited to:

1. Determine living arrangements and tell your children together
2. Agree to a date of separation
3. Seek legal advice early
4. Gather financial information
5. Agree on who pays the mortgage 

1. Determine Living Arrangements & Tell Your Children Together

The first step to take when separating is to determine living arrangements.

It’s crucial that when you’re deciding your living arrangements, you’re prioritising your children. For instance, to keep their routine as stable as possible, you might decide that one party remains in the family home with them for the foreseeable future if this is financially viable.

Moreover, as research has shown children aged 6 to 11 years old might blame one parent and align themselves with the “good” parent against the “bad, it’s important to tell your children about your separation together.

Clearly explain to them what this means, including what your living arrangements will look like from this point on, and be sure to reiterate that they are what matters.

Remember that separation is a painful process for children, so be prepared for emotions to run high and exercise patience to support them through this difficult time.

2. Agree To A Date Of Separation 

The next step is to agree to a date of separation.

A date of separation is important if you intend to divorce or dissolve a civil partnership in the future.

Commonly known in family law as the ‘relevant date’, this is the date that you stop living together as a married couple or as civil partners.

It’s important to note that no longer living together doesn’t necessarily mean there has to be a physical separation, as you may still be living in the same household, but your lives are operating independently.

Why Is The Date Of Separation Important?

The date of separation is important for the following reasons:

• Identifying non-marital assets
• Determining the length of the marriage
• Tax purposes

It is also when the courts will take a snapshot of your financial situation for settlement purposes.

That said, you shouldn’t agree to a date of separation with your spouse before seeking legal advice from a solicitor, which leads us to our next point.

3. Seek Legal Advice Early

When emotions are already high, the tide can turn very quickly during a separation, so it’s important to seek legal advice early on.

A family law solicitor will help you understand the next steps and can help you write a separation agreement that sets out parental rights and childcare, joint debts, and more.

Seeking legal advice is recommended to ensure you’re fully prepared for any complications that can arise as a result of your separation.

If you’re separating from your spouse or civil partner, Harding Evans Solicitors can help.

Get in touch with a member of our team today.

4. Gather Financial Information

The next step to take when separating is to gather financial information. 

As a couple, you will most likely have joint debts (debt that two parties are jointly responsible for paying)  in the eyes of the law, such as a mortgage or a bank loan, and it’s crucial that you know what these liabilities are.

Financial records will likely include bank statements, mortgage statements, tax returns, and more.

The more information you gather, the better informed you will be, especially if one party has dealt with all of the finances during the relationship.

This information will be crucial in helping your separation solicitor set out a separation agreement that will detail what will happen to your liabilities and assets.

5. Agree On Who Pays The Mortgage

It’s important to reach an agreement about who will pay the mortgage and for how long.

A joint mortgage ‘means you’re both liable for the mortgage debt until it has been completely paid off’, but it can be repaid by one person.

If you wish to take over the mortgage in your name alone, you will need to speak to your mortgage lender.

Disagreements can occur in separating couples in reference to joint debts, so having a separation agreement in place can be an effective way to prevent this from happening. 

If you have any doubts surrounding your rights during your separation, an experienced solicitor will be able to guide you through the next steps.

How We Can Help

At Harding Evans, our solicitors are dedicated to helping our clients understand the complications that make separating challenging.

From finances and logistics to ensuring the best arrangements for your children, there’s a lot to consider, so it’s important to get the proper legal help and guidance.

Contact us today at hello@hevans.com