When a relationship breaks down, it is often difficult to know where to begin. This guide sets out the key steps that separating couples in Lancashire should consider, whether they are married, in a civil partnership, or cohabiting. It aims to help individuals understand their rights and responsibilities, while providing clarity on legal and practical issues following a separation.
Living Arrangements Following Separation
The first and most immediate consideration is where each person will live. If the family home is jointly owned or jointly rented, both parties have equal rights to occupy the property unless a court order states otherwise. It is therefore important to agree whether one person will remain in the home or whether it should be sold or transferred. In some cases, both parties may choose to continue living under the same roof for a time. Any such arrangements should be recorded in writing to avoid future disputes. If agreement cannot be reached, one party may apply to the court for an Occupation Order under the Family Law Act 1996, which can determine who is permitted to live in the home. This is particularly relevant where there is conflict or a risk of harm.
Making Arrangements for Children
Where children are involved, the focus should always be on their welfare. The law places the child's best interests as the paramount consideration in any decision about residence and contact. It is generally best if parents can agree on where the children will live and how they will spend time with each parent. A written schedule covering weekly routines, school holidays and key decisions about health, education and religion can help to avoid misunderstandings. If agreement is not possible, either party can apply to the court for a Child Arrangements Order. Before doing so, both parties must usually attend a Mediation Information and Assessment Meeting, unless there is an exemption such as domestic abuse. In cases involving allegations of harm, the court can put protective measures in place, including fact-finding hearings and restrictions on contact if necessary.
Understanding Financial Responsibilities and Assets
Once the practical arrangements have been addressed, it is essential to take stock of the financial situation. Both parties should compile a full list of their assets, income, liabilities and pensions. This includes savings accounts, property (both jointly and solely owned), debts, investments, pensions, and day-to-day expenses. Where the parties are married or in a civil partnership, they have the right to apply to the family court for a Financial Remedy Order under the Matrimonial Causes Act 1973. This allows the court to divide matrimonial assets and make decisions about spousal maintenance, property adjustment, lump sum payments and pensions. For unmarried couples, the legal position is different. There is no automatic right to a financial claim unless there is a jointly owned property or evidence of a financial contribution giving rise to a trust claim. In such cases, a claim may be brought under the Trusts of Land and Appointment of Trustees Act 1996.
Starting Divorce or Dissolution Proceedings
If the couple is married or in a civil partnership and the relationship has irretrievably broken down, either person may apply for a divorce or dissolution. Since April 2022, this process has been simplified under the no-fault regime introduced by the Divorce, Dissolution and Separation Act 2020. The applicant no longer needs to prove any fault or wrongdoing. The application is made online and can be issued by one party or jointly. There is a minimum 20-week reflection period before the conditional order is granted, followed by a further six-week period before the final order is made. Importantly, obtaining a divorce does not resolve financial matters. A separate application for a financial remedy or a Consent Order is required if the parties wish to make their financial agreement legally binding and final.
Using a Separation Agreement When Divorce Is Not Immediate
For couples who are not ready to divorce or where divorce is not appropriate for personal or religious reasons, a Separation Agreement may be useful. This is a written contract that records the agreed arrangements following separation, including financial support, division of property and arrangements for children. A separation agreement is not legally binding in the same way as a court order. However, if the agreement has been entered into freely, with independent legal advice and full financial disclosure, the court is likely to give it significant weight in any future proceedings. A properly drafted agreement can help to avoid conflict and protect both parties' interests.
Seeking Legal Advice and Representation
explain your legal rights, review any proposed agreement, and help you apply to the court if needed. This is especially important where there are complex assets, power imbalances, or concerns about enforceability.
For more information on how we can help, please contact us on 01524 907100, info@pre-law.co.uk or through our online enquiry form
