While it is the beginning of a new academic year for children; it is not just children who will be experiencing a new beginning this time of year as many couples consider separating from their significant other once the summer holidays are over.
If you are faced with considering divorcing or separating from your partner know that you are not alone and we are here to help you navigate what can be one of the most difficult and confusing times for you and your family. The holidays are perceived to be a time of the year whereby families get along and spend quality time together which can cause those who are wanting to separate from their partner to feel disappointed and confused. Spending significantly more time together in the family home during the summer holidays can highlight issues that you were not aware of within the relationship. This can intensify the issues further and results in many couples considering separation after the holidays.
Discussing divorce or separating after the holidays
Discussing divorce or separation with your partner can be emotionally exhausting and it can feel isolating not knowing where to begin; this often causes couples to remain in their relationship even though they know it is no longer what they want. In this instance, it is a good idea to speak to a family lawyer as we can discuss with you the options that you have. Birkett & Co Solicitors offer a free initial consultation to give you the opportunity to get the advice you need and what the best course of action is to take, given your circumstances.
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Reaching a financial settlement
Upon the breakdown of a marriage, it is essential that financial issues arising from the breakdown of the marriage are resolved as soon as possible. It is important that financial issues are resolved as this legally guarantees financial certainty for both parties. If you do not reach a financial settlement or if you are divorced and have not got a financial order in place your former spouse is entitled to claim money and assets from you regardless or the amount of time elapsed. You should be aware however that the subsequent remarriage of one party can change the landscape and you should seek legal advice if you are unsure of your circumstances.
Financial Orders are often overlooked in divorce proceedings which leaves spouses unprotected and potentially open to claims in the future. Financial settlements can be complex so it is advised to speak to a family lawyer who can ensure the agreement reached is made as watertight as possible.
Reaching an agreement for unmarried couples
When it comes to advising unmarried couples in respect of their legal rights upon separation, it is important to note that unmarried couples do not share the same luxury as those who are married.
If you are unmarried, you may be able to make a claim regarding your beneficial interest in the family home which will be determined in accordance with The Trust of Land and Appointment of Trustees Act 1996. Our family lawyers can advise you on what legal rights you have in respect of your position and the circumstances of your case.
Child arrangements
Another important consideration will be making arrangements for your children in the event of separation.
Again, the emotional distress parents experience when considering separation can cause parents to continue their relationship which is not always best for children if they are old enough to be aware of the tensions between parents.
When separating, it is important to maintain your child’s school routine and any other activities they may have. Causing disruption to a child’s routine can cause children feel they have lost a sense of security, so it is vital to have child arrangements in place upon separation. If you are having issues pertaining to any of the issues discussed above, you should seek legal advice.
Contact us
By seeking legal advice and understanding the process of separation, you can begin to navigate the complexities of separation with greater confidence. Click here to book your free 30-minute initial consultation.