separation

If you are in a situation where the separation from you partner seems to be a permanent one, then there will be many issues which you will need to resolve both practically and emotionally. An informal separation, where you partner just moves out, requires no formal process, however officials such as the Inland Revenue and the Benefits Agency need to be notified that you are no longer living together. You will be treated as a 'single parent' by these bodies. You don't need to provide any legal documentation to prove this.

In many cases it will be possible to sort out the terms of your separation between you. On a practical level the following items will need to be dealt with: -
- where you and the children are to live
- how you are going to survive financially
- contact with your partner
- arrangements for your partner to see the children
- the welfare of the children
- dividing up of the home / cars etc
- the necessity for you to obtain employment

If you are unable to resolve these issues informally then a solicitor can help you to draw up a 'Deed of Separation'. This is a legally binding contract and if necessary you can go to court to enforce the promises made within it. However, this isn't straightforward.

It is a good idea to sort out a 'deed agreement' at this stage if you intend to divorce at the end of a 2 year separation. The deed can contain arrangements for children if you so wish. The Child Support Agency (CSA) can deal with maintenance for children whether you are still married or not. A decision made by the CSA will override a Deed of Separation, regarding child maintenance.
If you apply for Income support, family credit or disability working allowance the CSA will automatically become involved.

Information can be obtained from the Child Support Agency National Enquiry Line on:
0345 133 133.
Lines are open between 8.00am and 8.00pm Monday to Friday and 8.30am to 5.00pm Saturday. Calls from BT and Mercury phones are charged at local call rates.
Text phone users can call 0345 138 924.

Alternatively you can write to the Child Support Agency at the following address: -

Child Support Agency
PO Box 55
Brierley Hill
West Midlands
DY5 1YL

The main leaflets which are available in several languages are: -

CSA2001 "For Parents Who Live Apart"

CSA2006 "A Guide to Changing Child Support Decisions"

CSA2008 "A Guide to Child Support Maintenance"

If you had hoped for a reconciliation then facing a formal separation can seem like a final step before divorce. It is important that if you are to be apart for an indefinite period you have a structure in place so that you can plan your life, even in the short term.


 

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