The breakdown of any relationship is both emotional and stressful and it can be the case that in the early days practical issues are overlooked in the turmoil. It is usual for separating couples to wish to ensure there are no adverse effects on any children involved and for the day to day routines to continue without incident. This often takes priority over dealing with what will happen next.
It is not unusual for a separating couple to just sit back and do nothing but there are positive steps that can be taken to ensure the best possible long term outcome.
One of the first steps is to take legal advice as early as possible from an expert family lawyer to ensure any action that is taken in the early stages post separation does not prejudice a party later on. At any meeting the family lawyer will take detailed instructions regarding your particular circumstances and then provide advice to assist. Although many couples find themselves separating each case is unique and the advice given is therefore specific to your situation. It may be you have a friend in a similar position but the advice they have received may not be appropriate in your case.
An expert family lawyer will be able to advise you on any action that you need to take. This could be in relation to claiming single person occupancy from the local council for the council tax payment, making a claim for child benefit if not already received plus applying for working and child tax credits to assist with housing payments and childcare costs.
There are frequently questions that need to be answered regarding the property you live in. Often a spouse can be unaware if the property is in joint names or not and it can be the case that even though a party is married their name is not on the title deeds at the Land Registry. This can easily be checked for a small charge and if necessary a Matrimonial Home Rights Notice lodged with the Land Registry to ensure there are no dealings with the property while the long term position is resolved. This would prevent the sole owner of the property selling without the other’s agreement.
It is important at the early stages all your options regarding staying in the property are considered and this could mean speaking to the lender to see if your mortgage is currently on the best deal available and if they would in principle allow the mortgage to be transferred into your sole name. The answers to these questions can help to plan for what happens next.
Divorce proceedings are often not initially the main priority for couples when separating but there are circumstances when divorce proceedings have to be commenced swiftly if financial support is needed from the former spouse or injunctions are needed to prevent disposal of assets.
These are just as few of the reasons it is recommended you seek expert family advice at the earliest opportunity following the breakdown of any relationship so that the best possible outcome can be achieved for your particular circumstances.
For further information on this article or other family matters, please contact Jayne Gregg on 0121 700 1400, email j.gregg@sydneymitchell.co.uk or complete speak to a member of our family team for help or advice on family and divorce matters.
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