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Leaving a Relationship Checklist.

There are a number of ways of ending a relationship. Before making a decision consider the following:-

Type of Relationship.
Married, Cohabiting, Heterosexual, Lesbian or Gay. This may affect your legal options. If a couple are living together but not married and their relationship ends no legal action need be taken to formalise separation. If no agreement can be made a court can order who should stay in the home in the short-term and also transfer a tenancy. If there are children a court can also make orders who the children should live and have contact with. The child support Agency will normally deal with maintenance.

Violence Involved and the Need for Emergency Action.
If children are involved who will they reside with, will this affect your choice to leave, and will there be any conflict over who cares for the children?

Are you Able to Discuss the Situation with your Partner and Reach an Agreement?
Ending a marriage – adultery

The court will need evidence of the adultery eg dates and will only grant the divorce if it is satisfied adultery has occurred and the other partner could no longer live with the adulterer. If the divorce is undefended the court will only need statements and details if the divorce is defended proof will be necessary and this may become difficult and expensive.

Ending a Marriage - Separation for 2 Years.
(1 Year under Scottish Law)
If a couple have lived apart for two years continuously and both agree to a divorce the court will accept this as proof as irretrievable breakdown. The two years apart will still be continuous if the couple have actually lived together for up to 6 months in between.

Ending a Marriage – Separation for 5 Years.
If a couple have lived apart for 5 years, either can apply for a divorce without the other partner's agreement. The other partner can defend the divorce on the grounds it would cause unreasonable hardship but a court will usually agree to a divorce when there has been a separation for 5 years .

  

LEAVING YOUR PARTNER CHECKLIST

  • Open own bank a/c ensure wages, child benefits etc redirected asap
  • Birth certificates – your own plus any children who may be involved
  • Marriage certificate
  • Passports
  • Hire purchase agreements
  • Wage slips including most recent p60
  • Endowment/Saving Policies
  • Contact Address/Telephone Number of partners' place of work
  • Other contact numbers
  • Child Benefit/Tax Credit Agreement Information
  • Car Documents M.O.T/Insurance
  • Bank a/c details – sort code/branch number
  • Credit Cards
Mobile Phone Documents and Agreements

WHO TO INFORM
  • Landlord/local authority rent office
  • Local authority housing/council tax sections
  • Mortgage Lender
  • Water/Gas/Electricity and Telephone Companies
  • Mobile Phone Company especially if a/c not in own name
  • Local Social Security Office
  • Tax office if married or have children
  • Current/Future School if children involved/moving
  • Bank and other financial institutions can freeze joint a/c to prevent partner from withdrawing money
  • Hire purchase/Credit Companies
  • Insurance Companies – especially if have joint policies.
  • Post Office – may be necessary to re-direct mail
  • Doctor/Dentist/Child Health Clinic
 



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