As the dust begins to settle on the Christmas and New Year festivities you may be taking time to reflect upon your current circumstances, including your relationship and bringing it to an end. Indeed, January is often touted as “Divorce Month” in the media, with a reported spike in enquiries and internet searches related to divorce and separation.
If you find yourself in this situation, it is important that you understand your legal position, preferably prior to making any big decisions or taking any steps to implement change.
The breakdown of a relationship can have wide ranging effects. A person will need to consider issues such as the financial implications, where they (or their ex-partner) will live, how they will support themselves in the medium to long term and the arrangements for any children of the family.
If you are married, the process of divorce will need to be considered.
It is worth nothing that it is a common misconception that if you have lived with a partner for a long time without marrying, they will become your “common-law spouse”, granting you similar rights and obligations to married couples. This, however, is simply not the case and the implications upon separation for unmarried couples can be incredibly complicated and difficult to navigate, particularly when one takes into account the inevitable emotional toll that a separation can take.
Notwithstanding the emotive nature of separation, wherever possible you should be encouraged to keep matters as amicable as possible. This should include exploring alternatives to Court applications such as mediation and/or a collaborative approach to settlement.
The Family Team at Whitehead Monckton have a wealth of experience in dealing with all aspects of relationship breakdown and are members of Resolution, a body dedicated to approaching Family Law matters in a conciliatory and amicable fashion wherever possible. Many of our team are collaboratively trained or qualified mediators.
If you require any assistance in navigating your way through a planned or recent separation, please do contact a member of the family law team in any of our offices and where one of us will be pleased to assist you.
