Separation

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Separating doesn’t always mean divorcing right away. You have three main routes:

1. Informal separation – you live apart (or separately under one roof) and make your own arrangements.
    
2. Separation agreement – a written contract that records what you’ve agreed about money, home and children. It isn’t a court order but courts usually give it weight if done properly.
    
3. Judicial (legal) separation – a formal court order that recognises you’re separated but doesn’t end the marriage/civil partnership. It can be useful for religious reasons or if you’ve been married under a year.
    

• Timescales: modern rules build in a minimum 20-week period before the court can grant the main order. This applies to divorce/dissolution and judicial separation.
   
• Pensions: pension sharing is only available on divorce/dissolution (not judicial separation).
   
• Help with fees: if you’re on a low income/benefits you may qualify for Help with Fees
   

Good if you’re not ready to divorce but want financial clarity now.

What it can cover

• Who lives in/sells the home, who pays the mortgage/bills
   
• How savings, debts and belongings are dealt with
   
• Maintenance for children (and any interim spousal maintenance)
   
• Parenting arrangements
   

Key points

• It’s a contract, not a court order. Courts usually respect it if both sides gave full financial disclosure and had independent legal advice. Later, if you divorce, you can ask the court to turn what you agreed into a binding consent order.
   
• If you own a home as joint tenants, consider severing the joint tenancy so your share does not automatically pass to your ex if you died.
   

Useful if:

• You have religious/cultural reasons not to divorce
   
• You’ve been married/ in a civil partnership less than 1 year (you can’t divorce within the first year, but you can seek judicial separation). 
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• There’s a minimum 20-week period before the court makes the judicial separation order. You’ll remain legally married/ in a civil partnership afterwards.
   

Money on judicial separation

• The court can make most financial orders (property, lump sums, maintenance), but cannot make a pension sharing order — that’s only on divorce/dissolution.
   

• We help you record clear parenting arrangements (where children live, time with each parent, holidays, travel, schooling decisions).
   
• Mediation is encouraged and there’s often a £500 government mediation voucher available for child issues. A short MIAM meeting is usually required before certain court applications unless an exemption applies (e.g., domestic abuse).
   
• Child maintenance can be agreed privately or arranged through the Child Maintenance Service (CMS), which can calculate and collect payments.
   

There’s no such thing as “common-law marriage” in England & Wales. Your rights are different from a spouse’s. 

Typical routes when cohabitees separate

• Property/ownership disputes are usually under TOLATA 1996 (the court can declare shares and/or order a sale).
   
• Financial support for children can be sought via the CMS and, in some cases (school fees, housing for the child), through Schedule 1 of the Children Act 1989.
   

• Home & bills: decide who stays, how the mortgage/rent and utilities will be paid. Close or separate joint accounts where appropriate.
   
• Protect ownership: consider severing a joint tenancy (Form SEV) and updating any deed of trust.
   
• Wills & beneficiaries: review your will and any death-in-service/insurance nominations after separation.
   
• Help with fees: check eligibility for Help with Fees (EX160) before issuing any applications.
   

1. Free 15-minute assessment – we listen, explain your options and next steps.
    
2. Plan your route – separation agreement, judicial separation, or (if/when ready) divorce/dissolution.
    
3. Children first – mediated parenting plan, child maintenance options, safeguarding if needed.
    
4. Money & home – disclosure, proposals, and (if married) a draft consent order ready for court at the right time; or TOLATA/Schedule 1 advice if you’re not married.
    
5. Make it official – we handle the forms, court filings and timeframes.