During the summer holidays, a time perceived to be where families get along and spend quality time together often is a time where unresolved issues are brought to the surface, resulting in many couples separating after the holidays. The holidays carry high expectations so when the family holiday getaway does not resolve existing difficulties in a relationship, the disappointment usually is a trigger for couples to reassess their future and choose to go their own separate ways.
It is a common approach for many couples to wait until the holidays end before separating to maintain stability for the children during the break and to ensure the transition is less disruptive to their routines.
For couples already experiencing issues in their relationship, the extra time at home, the financial strain from holidays abroad, the pressures of entertaining children can increase tension in relationships. Typically, the holidays can be the final attempt to make the relationship work but can highlight the issues are more complex than anticipated.
Discussing separating after the holidays
Deciding to separate or divorce is never easy. Taking the first step in discussing this with your partner can be emotionally exhausting and it can feel isolating not knowing where to begin.
In this instance, it is a good idea to speak to a family lawyer as we can discuss with you the options that you have. We offer a free initial consultation to give you the opportunity to get the advice you need and what the best course of action is to take, given your circumstances.
What will happen to the home once we separate?
This is a common question and one that is depends on your individual circumstances. Our family law specialists discuss this in further detail here.
Where will the children live?
Another important consideration to make is where your children will live in the event of separation. It can be emotional deciding who your children should live with and how often they will see the other parent. It can be a confusing and stressful time for children, adjusting to seeing parents in separate homes can be challenging. In many cases, children spend time in both parents’ homes under agreed arrangements. These may include set days and times for contact, or a pattern that reflects each parent’s work commitments, the children’s routines and what is practical for the family. Where one parent has been the primary carer, the children may live with them while continuing to spend regular time with the other parent.
Reaching a financial settlement following separation
Upon the breakdown of a marriage, it is essential that financial issues arising from the breakdown of the marriage are resolved as soon as possible which legally guarantees financial certainty for both parties.
If you do not reach a financial settlement or if you are divorced and do not have a financial order in place, your former spouse is entitled to claim money and assets from you regardless of the amount of time elapsed. You should be aware however that the subsequent remarriage of one party can change the landscape and you should seek legal advice if you are unsure of your circumstances.
Financial settlements can be complex so it is advised to speak to a family lawyer who can ensure any agreement reached is made as watertight as possible.
Reaching an agreement for unmarried couples
When it comes to advising unmarried couples in respect of their legal rights upon separation, it is important to note that the law surrounding unmarried couples are not the same of those who are married.
If you are unmarried, you may be able to make a claim regarding your beneficial interest in the family home which will be determined in accordance with The Trust of Land and Appointment of Trustees Act 1996. Our family lawyers can advise you on what legal rights you have in respect of your position and the circumstances of your case.
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By seeking legal advice and understanding the process of separation, you can begin to navigate the complexities of separation with greater confidence.