Understanding Your Rights: What You’re Entitled to After Separating From Your Partner in England and Wales

Separating from your partner can be an emotionally challenging time, with many legal aspects to consider too. Understanding your rights and entitlements under the law in England and Wales is crucial for navigating this period. 

Property Rights: 

Depending on the nature of your relationship and the way assets are owned, your entitlement to property may differ. If you are married or in a civil partnership, the Courts generally have a wide discretion to distribute assets. This can involve several factors including the length of the relationship, contributions made by each partner and the needs of any children involved.

If you are cohabiting partners but not married or in a civil partnership, matters can be more complex. If property is owned jointly, proceedings can determine how the property should be divided. However, if the property is owned by one party, the non-owning party may have no entitlement unless they can establish they have a beneficial interest in the property or unless the owner’s child is residing in the property. 

Financial Support: 

If you’re married or in a civil partnership, you might be entitled to financial support or a financial settlement. A couple’s financial entitlement post-separation may include division of assets, spousal maintenance, child maintenance and pensions.

For cohabitees, there is limited scope for financial provision on separation. Unless there are children involved, there are no rules which directly command one party to provide for the other post-separation.

Child Maintenance:

Regardless of marriage or cohabitation, both parents have a responsibility to financially support their children. If the child lives with one parent more than the other, the non-resident parent will likely be required to pay child maintenance to the parent with primary care.

Pension Rights:

If you’re married or in a civil partnership, you may have a claim to a share of your former partner’s pension. This isn’t automatic and the division depends on various factors, including the overall value of the assets. 

If you are cohabiting and unmarried, you may not have an automatic right to your partner’s pensions or death benefits.

Spousal Maintenance: 

If you’re married or in a civil partnership, you may be entitled to spousal maintenance. Spousal maintenance is the obligation to financially support your spouse or ex-spouse, and is usually paid on a monthly basis. Factors such as income, earning capacity, property and other financial resources and financial needs and obligations are usually considered for such claims.

The laws relating to the end of a relationship can be difficult to navigate. It’s essential to seek proper legal advice to ensure your entitlements aren’t overlooked. With the right advice and support, you’ll be in a better position to move forward towards the next chapter of your life.

If you are considering divorce or separation or looking for assistance in financial orders and your entitlement then look no further than Alexander JLO’s team if specialist, expert divorce lawyers. Why not give us a call on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?

This blog was prepared my Guy Wilton, one of Alexander JLO’s specialist divorce lawyers on the 22nd February 2024. It is correct at the time of publication. Guy’s profile on the independent Review Solicitors website can be found Here