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SEPARATION
Separation affects both married and unmarried couples.
Some married couples choose not to divorce following the breakdown of their marriage. In these circumstances they can still regulate their financial affairs in the same way as if they divorced.
To do so they must apply to the Court for a Judicial Separation. Then apart from the stage of Decree Absolute the procedure is identical to that of divorce.
For unmarried couples the case is different. There is no cohabitation law similar to divorce law. There is no such thing as a common law wife or husband.
Enlightened family lawyers, such as members of the Solicitors Family Law Association, have been campaigning for several years now for a change in the law to give some protection on separation, particularly for the vulnerable. These tend to be women who have little or no earned income of their own, often as a result of having the couple’s children. But men can also be vulnerable.
A parent left caring for the children can, of course, claim child maintenance through the Child Support Agency. It may also be possible to compel the other parent to purchase a home for the children to live in until they reach the age of majority. This is, however, a rare occurrence.
Separating unmarried adults cannot claim maintenance for themselves, nor do they have a claim against any property, capital or other assets (such as pensions) belonging to the other partner. For example they might have a claim against a house in the others sole name if they made a financial contribution directly towards the property or were made a promise of shared ownership. Also if you move into your partner’s house without becoming a joint owner, you will not automatically obtain a share in that house.
The process is complicated and to some extent can be helped by the existence of a pre-living-together agreement but in any event specialist legal advice is essential.
If you are unmarried and considering separation, or if you can’t see yourself divorcing but want to lead separate lives, I would be please to offer a free initial consultation to explore the options open to you.
Diane Genders Ltd. Resolution House, City Office Park, Crusader Road, off Tritton Road, Lincoln LN6 7AS
t: 01522 516500 f: 01522 516509 dx: 700 676 North Hykeham
e: Diane@DianeGenders.co.uk w:www.DianeGenders.co.uk
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Diane Genders Ltd is a company registered in England and Wales
with company number 2787992 and is regulated by the SRA