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Separation

A relationship breakdown is never easy and separation can be difficult, especially if children are involved. Our family solicitors help you sort out the legal aspects of separation to resolve family and financial affairs so that you can focus on getting your life back on track. These are some of the most frequently asked questions we get:

Will children always live with their mother following a divorce or separation?

Whilst mum is often the primary carer, each family is different and the main consideration is what’s in the best interests of the child. Unless there’s a specific reason, both parents will usually be involved in a child’s life. The extent of involvement is normally negotiated and agreed by both parents, but in some cases a judge will decide.

Can I protect myself financially if I separate from my partner and I don’t want to petition for divorce?

You need to speak to a solicitor to find out if you’re able to get a Separation Agreement drawn up. This focuses on your financial situation, helping to protect your position in the meantime, although your ex-partner would need to agree to the contents of it. We’d also recommend they seek their own legal advice.

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