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As we enter the third week of the New Year, our matrimonial department has been receiving an increased level of enquiries. Our family solicitor, Lisa Honey sets out her key points for couples thinking about separating or issuing divorce proceedings:

• Think about the dynamics and practicalities relating to the family home. Is it appropriate for one party to move out? If so who should be paying the mortgage and bills? What are your rights as a legal owner? What if the title deeds are only registered in one name? We would strongly recommend you seek specialist family law advice before making any decisions to move out or place the family home on the market for sale.
• Have you discussed whether you and your partner will divorce or if you are only separating at this point? Unless there are any religious or cultural reasons and provided there is no chance of reconciliation, quite often the best way forward is to issue divorce proceedings, although again you should ensure you seek legal advice before doing so.
• Consider your finances - you should start to make a list of yours and your spouses’ income, property, savings, investments, cars and any other items valued over £500 as well as liabilities to include credit cards and loans. Also obtain up to date values for the family home, a mortgage statement and valuations for any pensions.
• Begin to think about what your needs will be going forward in terms of housing as well as your income needs. How much do you need to rehouse yourself and any children and how much do you need to live each month?
• If there are any children involved, always try to put their needs first regardless of the issues between you and your partner. Begin to think about what the arrangements will be going forward.
• Consider whether there are any child maintenance obligations. The current Child Maintenance Service calculation can be found here.
• Obtain legal advice - finally, it is imperative you both obtain your own independent legal advice in relation to the separation, divorce proceedings, the split of the finances and where relevant matters relating to the children.

Contact one of our family solicitors today on 0808 164 9951 or contact Lisa Honey directly on This email address is being protected from spambots. You need JavaScript enabled to view it..