Separating and finding legal help

Separating from a partner can be emotionally difficult, especially when children, housing and finances are involved. You may have questions about where your children will live, how contact will work, who can remain in the family home and what your legal rights are.

Getting early, independent advice can help you understand your options and make informed decisions.

Arrangements for children and custody

In the UK, the term “custody” is generally referred to as child arrangements. This may include where a child lives, how much time they spend with each parent and how important decisions about their upbringing are made.

Parents are usually encouraged to agree arrangements between themselves where it is safe and appropriate to do so. A written parenting plan can help clarify arrangements for school, holidays, contact, medical appointments and communication.

If an agreement cannot be reached, or if there are concerns about domestic abuse, coercive control or a child’s safety, you should seek legal advice. A solicitor can explain whether mediation, negotiation or an application to the family court may be appropriate. Mediation is not suitable in every situation, particularly where there has been abuse or there is a significant imbalance of power. You can find information about child arrangements and family court applications on GOV.UK.

Your rights over the family home

If you are separating, it is important to understand your position regarding your home. Your rights may depend on whether you own the property, rent it, are named on the tenancy or mortgage, or have another legal interest in the property.

You may need advice about:

● whether you can remain in the home

● what happens if the property is jointly owned

● responsibility for rent, mortgage payments and household bills

● whether you can change the locks or ask someone to leave

● your rights as a tenant

● financial contributions made during the relationship

● protecting yourself from homelessness

● what happens if there are concerns about abuse or safety

Do not assume that leaving the home means you have automatically given up your rights. Equally, do not make important decisions about selling, transferring or giving up an interest in a property without obtaining legal advice first.

If you feel unsafe, contact the police in an emergency by calling 999. If you cannot speak, you can use the Silent Solution by pressing 55 when prompted on a mobile phone.

Free and affordable legal advice

You can contact Citizens Advice for free, independent information about family law, housing, benefits, finances and your next steps. They may also be able to refer you to other local services.

You can search for a solicitor through the Law Society. Ask whether the firm offers a free initial consultation, legal aid or fixed-fee advice. Free appointments vary, so check what is included and whether any further work will be charged.

You may also be eligible for legal aid, depending on your financial circumstances and the type of legal problem. Legal aid may be available for some cases involving domestic abuse, child arrangements, housing or homelessness. You can check your eligibility on GOV.UK.

Other organisations that may be able to help include:

● Advocate, which may help people who cannot afford legal representation

● Rights of Women, which provides specialist legal advice to women

● Shelter, which offers housing advice

● Family Rights Group, which provides information about children’s social care and family rights

● Support Through Court, which offers practical support to people representing themselves in court

Keep copies of important documents, including identification, tenancy or mortgage information, bank statements, benefit letters and children’s records.

Please be kind to yourself. Asking for help is not a weakness, and you do not need to make every decision at once. A qualified adviser or solicitor can help you understand your rights and identify the next step.