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Can we just decide to separate without involving the courts ?
Yes.
But, the advantage of using the court for a legal separation is that you can then also sort out any disagreements about who is to care for the children and also disagreements about dividing the money and property. A court order will stop your partner from breaking the agreement.
If you and your partner can agree about money matters and the children you may still want your solicitor to draw up a document to show what has been agreed, this is called a "Deed of Separation". For this you will not need to involve the court, only a solicitor is required.
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Questions & Answers
- We have only been married a short time when can I start a divorce?
- How do I show the marriage has broken down?
- What if we can't carry on living together, but we don't want a divorce?
- What do I need to prove to get a legal separation?
- Can we just decide to separate without involving the courts?
- Do I need a solicitor to start a divorce or judicial separation?
- What is a Decree Nisi?
- My partner has started the divorce proceedings. Is there anything I need to do?
- My partner owns the property in which we live/or only their name is on the rent book. Will I have to leave if we separate?
- My partner has changed the locks to our home and won't let me back in. What can I do?
- I left the house and my children. Does this mean I do not have any rights?
- How can I get my partner to help me pay the bills?
- Who pays maintenance for the children?
- How does the court decide how much money I should get or what I should pay my partner?
- Do I have to tell anyone that my partner and I have separated/divorced?
- We are not married. Do I have any rights?
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