Financial Issues

The financial implications of a divorce or separation are possibly the most serious in terms of the practical and emotional impact on the couple and their children. Coping with moving house, finding work, arranging childcare, having less money, changing schools and leaving friends are just some of the adjustments parents and children have to deal with.

Divorce or dissolution proceedings can include the court making financial orders. If both partners agree on all relevant financial issues i.e., dividing assets and pensions, paying maintenance and taking responsibility for debts, then a judge can be asked to make agreed financial orders reflecting the settlement agreed, without anyone having to attend court. If you cannot come to an agreement about financial support between yourselves then you can look to Mediation for help. The courts will look to prove that you have attended a Mediation Information and Assessment Meeting, although some exceptions will apply if you have suffered domestic abuse.

If a decision still cannot be made then you can ask the courts to make a financial order, however this takes longer and is more expensive.

It is important to think about making a Will or revising your existing Will when relationships breakdown (see our separate "Making a Will and Funeral Planning Guide" for more The Child Maintenance Service (see list of Useful Contacts / Organisations section) tells you about your options for organising child maintenance with your ex-partner.

If you or your ex-partner have debts in joint names, you should consider seeking specialist debt advice.

Citizen Advice is a good place to start for information.

Welfare Benefits

If your circumstances change due to the breakdown of your relationship, you may be able to claim various means-tested or non means-tested benefits. You should speak to your local Jobcentre Plus or visit www.gov.uk to find out more about your entitlements.

The Home

It is inevitable that, following divorce, dissolution or separation, one of the former partners will leave the family home. If the house is owned in joint names then one party cannot sell it without the consent of the other. Where the parties cannot agree after using mediation or collaborative practice, the court can be asked to decide who leaves and who stays - or whether the property has to be sold.

The court's first concern will be for the proper housing of any children. The court may, therefore, order that the parent caring for the children be allowed to remain in the home until the youngest child turns 18 or leaves complete full-time education.

The court also has the power to order the transfer of the property to either party, or it can order the house to be sold, now or in the future and can decide how the sale proceeds are divided between the former partners.