What are the options for legal and financial help when you’re living with your partner?

If you are married or in a civil partnership and are looking for either a divorce or a dissolution often you or your partner will leave the family house. But this isn’t always possible – usually due to financial constraints, or the need to maintain a stable environment for children. These circumstances tend to mean you have no option other than to remain living together in the same home.

If you and your partner are in the process of separating while living together, you may be able to sort things out legally. However, if your ex-partner refuses to stick to what you have agreed or you just want a better idea of what your rights are, then it is an excellent choice to get professional advice. In this article we’ll look at the options you have.

How does the law define living apart?

You are legally allowed to divorce a spouse when living together but you must show that you are living separate lives.

An important thing to consider is the legal definition of living apart. If you’ve spent time living in the same household during your separation, you’ll need to prove to a court you have been living apart.

Living apart in the same household means you do not share any activities or finances.

The court can request from you a detailed statement of your living arrangement.

How to make a financial agreement when separating or divorcing

Once you have made the decision to separate or divorce you will need to disconnect your finances. This is never easy or straight forward, and the impact of it will end being felt by both parties. A variety of assets are divided during the process, and may include,

• The family home
• Any other property that you own – for example, any buy-to-lets
• The pension point – both state and private pension
• Savings
• Business interests
• Investments

It is important for both parties to make a full disclosure to one another about their financial circumstances, which includes everything listed above as well as any money you will owe regarding loans and or credit cards.

Options for legal and financial advice

It is not always necessary to get legal and or financial advice when you are separating from your partner.

If your ex-partner will not stick to your agreement or you just want to know what your rights are, then getting advice is always worthwhile.

Solicitor

Solicitors are trained and educated to provide you with information on your rights, entitlements, as well as your responsibilities.

A solicitor is incredibly helpful because they can handle things such as legal forms for divorces and marriage dissolutions, dealing with complex paperwork (which if improperly filled in can be rejected by a court, significantly delaying the process).

Solicitors at Oracle Law Clarkston can work hard to negotiate directly on your behalf with your ex-partners solicitor. They can provide extensive legal advice as well, which is invaluable. Solicitors are also often able to provide you with information about financial entitlement you might not have been aware of.

If your ex-partner won’t negotiate with you, a solicitor can act as a superb intermediary.

Collaborative Family Lawyer

A collaborative family lawyer is a specially trained solicitor who will work to help you and your ex-partner come to an agreement. In these situations, both parties have their own collaborative family lawyer.

Collaborative family lawyers often result in much more positive conclusions. Both you and your ex-partner will sign an agreement to not go to a court, and work to resolve the issues. This is however often a more demanding process than other options.

Mediators

Mediators can help both you and your ex-partner to reach an agreement regarding both children and financial matters. A mediator is a neutral party – their job is to help a couple to work towards a final agreement.

Many family lawyers are trained as mediators.

Meditation works best in scenarios where both parties are trusting one another to be open and honest. It is inappropriate in scenarios where domestic violence has occurred.

Mediator benefits

• Mediation is often quicker and more cost effective than standard lawyer led divorces and dissolution.
• Meditation is flexible and does not necessarily have to cover all areas of a divorce or dissolution
• Mediators provide confidential advice. This means that anything discussed with them cannot be discussed in a court or used by a solicitor.

Arbitration

Family arbitration involves you and your ex-partner appointing an arbitrator. They will make a decision that is final and binding between both of the parties. It will aim to resolve both financial and property disputes, as well as any child-related issues.

Arbitration aims at enabling a family going through a breakdown to resolve the dispute in a quick but confidential manner. Arbitration offers a less formal and demanding environment than a courtroom.