Deciding what to do when you separate
When you separate from your partner, you'll need to work out things like:
where your children will live and how often they’ll see the parent they don't live with
where you’re going to live
how to divide up any money or belongings you share
whether you’ll be able to afford to pay the bills once you’re living separately
If you’re in the UK as a dependant on your partner’s visa, you’ll also need to check if you can stay - check if you can stay in the UK on a visa after a divorce.
Don’t feel pressured into a decision that’s not right for you. You’ll have a better chance of reaching an agreement if you wait until you’re ready to talk.
You need to have been married for at least 1 year before you can get divorced or dissolve your civil partnership, so there's usually time to work things out.
If your partner makes you feel anxious or threatened, you should get help.
Don’t try to agree anything about your separation without speaking to someone first.
Men's Advice Line is a charity that helps men suffering domestic abuse. You can call their helpline on 0808 801 0327 between 9am to 5pm, Monday to Friday.
If you’re unsure about what to do next, contact your nearest Citizens Advice.
You don’t have to go to court to decide what to do when you separate unless you really can’t agree with each other. It’s often cheaper and quicker to figure it out yourselves.
If you’re struggling to decide, you should try mediation to see if you can reach an agreement with the help of a mediator.
This is something you’ll have to do anyway if you later decide to go to court.
If you agree about your separation arrangements
You should write down what you decide and sign it. It can be in any format, but you might want to say that you agree to:
not annoy or harass your ex-partner
pay your ex-partner financial support or maintenance
pay child maintenance towards the cost of looking after your children
see the children on certain days
Once you’ve written down your agreement, it’s a good idea to talk to a solicitor - find a solicitor on the Law Society website.
Making a separation agreement
If you haven’t started getting divorced or dissolving your civil partnership, you can ask your solicitor to write your arrangement as a ‘separation agreement’.
It's a good way of making sure you’re clear about the terms of your separation until you get divorced or end your civil partnership.
A separation agreement isn’t legally binding. This means you might not be able to take your partner to court if they don’t stick to something you agreed to.
However, a judge will normally recognise it as a formal agreement if:
it’s been drafted properly by a solicitor
you and your ex-partner’s financial situations are the same as when you made the agreement
Once you’ve started the process of getting divorced or ending your civil partnership, a solicitor can turn your separation agreement into a ‘consent order’. This finalises your arrangements in law.
If you can’t agree with your ex-partner
It’s best to speak to a solicitor if you and your partner haven’t been able to discuss or agree the arrangements for your separation, or your agreement’s broken down.
You’ll probably need to go to court so that a judge can decide for you, but a solicitor will be able to advise you on what to do next.
If you’ve got children
It’s best to keep arrangements about children informal if you can.
This is because courts normally won’t decide who a child lives or spends time with if they think the parents can sort things out between themselves. This is known as the ‘no order principle’.
However, you’ll normally need to go to court if:
you’re worried about your children’s safety
you or your children have experienced domestic violence
you feel vulnerable or controlled by your ex-partner
you’ve tried mediation and still can’t agree
You're both responsible for the cost of looking after your children after you separate - even if you’re not married or in a civil partnership.
If you’re the parent who moves out, you might have to pay maintenance to the parent who looks after the children.
It’s usually best if you can arrange this between yourselves - this is called a ‘family based child arrangement’.
You can get free advice from Child Maintenance Options (CMO) if you need help agreeing. CMO is a free service from the Department for Work and Pensions (DWP).
If you can’t come to an agreement yourselves, you can apply to a scheme run by the Child Maintenance Service. You’ll have to pay a fee to apply.
You can normally only go to court for a decision about child maintenance if the maintenance is to pay for:
additional needs for disabled children
children in further education
children whose non-resident parent lives in another country
Deciding what to do with your home
There are very few circumstances where your partner can make you leave your home. They can’t change the locks or force you to leave, so try to take time to figure out what you both want and need.
Normally, you’ll need to decide whether:
one of you stays in the home while the other moves out
you both move out and end your tenancy, or sell your home
one of you buys the other out so they own the home
you both stay in the home and live separate lives
What you do will depend on what you can afford and whether you’ve got children.
It might also depend on whether you have rights to stay in the home after you separate, for example whether you’re married or your name is on the deeds.
Managing your money
There’s no easy way to work out how to divide your money, but if you and your ex-partner can figure it out between yourselves it’ll be cheaper than asking a court to help you decide.
You’ll need to work out how much money you have in bank or building society accounts, savings or investments.
You’ll also need to include any debts you share, like credit cards or loans.
Dividing up pensions
If you’re married or in a civil partnership, you’ll normally be entitled to a share of your ex-partner’s pension when you divorce or end your civil partnership.
Dividing up a pension can be complicated so it’s a good idea to talk to a solicitor.
It’s important that you’re honest with your ex-partner about your finances. Talk to an adviser at your nearest Citizens Advice about what to do if you think your ex-partner is keeping money from you.
If you don’t think you’ll have enough money
If you’re married or in a civil partnership you can ask for financial support from your ex-partner as soon as you separate. This is known as ‘spousal maintenance’ and is a regular payment to help you pay bills and other living costs. You can't get spousal maintenance if you weren't married or in a civil partnership.
You might also be able to get help paying your rent or mortgage.
Who to tell that you’ve separated
If you pay council tax, you should tell your local council - you’ll pay less if you live on your own.
You’ll also need to tell your local council you’ve separated if you get Housing Benefit or council tax reduction.
If you get benefits, being part of a couple might affect how much you get. You should tell the office that deals with your claim that you've separated as soon as possible - most benefits have a 30-day deadline.
If you get tax credits, you should tell the HMRC within 30 days.
Paying for solicitors
You’ll usually need to talk to a solicitor at some point during your separation. To help keep your legal bills down, you should:
try to agree as much as you can with your ex-partner before you go to a solicitor
read as much as you can about separation - you could look online or go to the library
find out if any solicitors near you offer free advice - this normally won’t be more than 30 minutes, but it could still help
ask your solicitor if they’ll work for a fixed fee - this way, you’ll always know exactly how much you’ll have to pay
Read more about the help you can get with legal costs.
You might be able to get legal aid to pay for mediation when you separate, but it’s very hard to get it for legal costs - even if you’re on benefits.
You can usually only get legal aid if you or your children have been victims of domestic abuse. Domestic abuse includes controlling behaviour, like stopping you from withdrawing your own money.
Check if you can get legal aid on GOV.UK.
If you’re ready to end your marriage or civil partnership
You can start to divorce or dissolve your civil partnership if you’ve been married or in a civil partnership for at least 1 year.
You usually don’t need to go to court if you and your ex-partner can agree on:
what happens to your children, money and property
the reason (also known as ‘fact’ or ‘ground’) for your divorce or dissolution
You can get a legal separation instead (also known as ‘judicial separation’) if:
you haven’t been married for a year
you don’t want a divorce because your religion disagrees with it
you’re not sure you want to get divorced
You can still get divorced or end your civil partnership after getting a legal separation.