News Article

How to deal with separation from a partner

How to deal with separation from a partner is becoming a question many face , possibly realising for the first time that the law when not married is messy when it comes to dealing with financial assets or child arrangements. Cheshire family law specialist solicitor Michael Brennan at Northwich solicitors Stonehewer Moss acknowledges that getting advice when you split up with your ex can be daunting; the internet throws up masses of data but you keep being told there is no such thing as a common law spouse and that you are a cohabitant when you thought you were meaningful partners. sadly the word partner means nothing in law in this context. In law a partner as defined by the Partnership Act 1890 is a person acting with another with a view to profit; trust us, no matter how you try you will not get the Court to accept your romantic tie was a going concern.

However, living with another person in the context of understood promises about a joint venture in life could give rise to rights and interests the court can declare for a couple on separation; the downside being this is trust and equity law that is mind boggling and expensive. Today the Courts encourage out of court settlement and will assist early with an early issue resolution appointment; costs are usually budgeted and it may not be the nightmare of the past. It will never be as simple as the distribution of assets on divorce, however. A solicitor can negotiate a deed of separation for you if you agree wit your ex that court should be avoided.

Child law is the same for divorced and cohabiting couples and the Stonehewer Moss website has blogs in the news section with pages about child arrangements. The key point is that parents registered on the birth certificate have identical rights and obligations in respect of the child called parental responsibility until the court orders otherwise, which should only happen if better for the welfare of the child than making no order. Following a recent gloss upon the Children Act a parent seeking to justify a poor or non existent arrangement for a parent to see a child must prove the case. Just as there is no such thing as a common law spouse with rights, there is no such thing as gender bias about child care giving either parent on separation a veto and right to deny a relationship for the child with another parent.

Child maintenance, income payments, are payable by an absent parent based on pay and overnight arrangements. The pay of the carer parent is irrelevant. An on line calculator is available on the gov website The Children Act has a financial aspect that can be looked at with solicitors advice.


Michael recommends that a separated person seek no obligation advice from a solicitor such as that offered at Stonehewer Moss and believes the CAB advice pages are a very helpful resource as found here

For an analysis of your legal entitlements post separation from your partner please call 01606872200 or e mail visit  sat nav post code CW8 4DP

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