Separating or divorcing: what you need to do
There are certain things you need to do when you separate from your partner in England or Wales.
What you do is different in and .
If you have children
You and your ex-partner must share financial support for your children (‘child maintenance’).
You also need to make arrangements for looking after your children.
Agreeing these things is separate from doing legal paperwork to officially end your relationship.
Dividing money and property
You have different financial rights, depending on whether you’re separating from:
- your spouse or civil partner
- a partner you’re not married to or in a civil partnership with
If you’re married or in a civil partnership
You need to agree on how to separate your finances. You must apply to a court for an agreement about your money and property if you want this to be legally binding.
Find out how to:
- get a divorce to officially end your marriage
- officially end your civil partnership
If you do not want to divorce or end your civil partnership you can:
- get a legal separation so you can divide your money and property without ending the relationship officially
- get an annulment if it counts as ‘voidable’ or was never legally valid (‘void’)
If you’re not married or in a civil partnership
Dividing money and property is different .
You do not have the same rights or legal status as married or civil partners, even if you’ve lived together for a long time or have children. ‘Common law marriages’ do not exist in England and Wales.
Get help or advice
You can get advice about legal paperwork and making arrangements from:Ìý
-
ÌýÌý
-
Ìý
Find a legal adviser if you need legal advice.
Get .