Unfortunately, relationships sometimes fail. Each day, countless couples face the gut-wrenching decision to end their partnership.
For those without mutual children or shared financial responsibilities, the path might be as painless as packing bags and moving on. On the other hand, when you have children to care for and finances to disentangle, this process becomes increasingly more complex. The emotional toll can amplify tensions during the negotiation of shared assets and custody.
An individual found themselves confronting this exact scenario, feeling overwhelmed by all the factors that needed to be taken into account during the separation.
They articulated their worries, saying,
“Both my partner and I have been considering separating, but I’m clueless about where to begin. Could you provide any help?”
Reassuringly, Advice Direct Scotland answered:
“The process of separation can vary greatly depending on individual circumstances. There’s always the option to go your separate ways via an informal agreement.”
It becomes necessary to inform various bodies about your intended separation. This could involve a legal obligation to inform your benefits office if you’re receiving benefits, Her Majesty’s Revenue and Customs (HMRC) if you’re a recipient of tax credits, or your local council in Glasgow if you pay council tax or are awarded Housing Benefit or Council Tax Reduction.
If you mutually agree, you can make decisions regarding children, finances, residences and other property without court intervention. However, this informal agreement might have effects on future decisions if you eventually end up in court. If children are involved, the Child Maintenance Service might step in.
Should you later decide to get a divorce and the court gets involved, they might alter the couple’s informal agreement if they deem it as inequitable or if it isn’t in the child’s best interests.
Another more formal alternative can be implementing a Separation Agreement. This is a written consensus between a couple intending to live independently. This agreement details how they intend to resolve financial matters, property and arrangements for the children. When the agreement involves financial aspects, it should be established with a solicitor’s help.
Your agreement could include several aspects like living and contact arrangements, agreement not to disturb the other partner, and details about agreed financial support for the other partner and children.
The benefit of having a written agreement is the clear understanding of what has been agreed by both parties. It also gives either partner the ability to return to the court to modify the agreement in the future. However, these amendments will likely reflect court decisions about what is unjust or unreasonable.
Seeking advice from a solicitor is recommended when drawing up a Separation Agreement. However, it’s beneficial to outline the general areas you want to cover beforehand to avoid extensive solicitor time and hence, save on legal costs.
Financial aid for any legal costs might be accessible. More information on this can be found by visiting the Scottish Legal Aid Board at www.slab.org.uk.
Alternatively, pursuing a ‘judicial separation’, which is a court order discontinuing the obligation for a couple to continue living together, is another option. Although rarely actioned, this could be beneficial for couples adhering to strong moral or religious beliefs against the dissolution of a civil partnership.
No matter the pathway chosen by you and your partner, it’s crucial that you inform all the necessary bodies and organisations to be assured of receiving the correct entitlements in terms of benefits and discounts in Glasgow.
From a practical point of view, it’s equally essential to update doctors’ surgeries, dental practices, schools, and financial institutions on any changes to addresses and circumstances.
Free advice on any subject is available from advice.scot by calling 0808 800 9060 or visitingwww.advice.scot. The advice is available to all in Scotland, regardless of personal circumstance or cost.
