Do I need legal separation in place?

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  • #41834 Report

    Cat43
    Participant

    Hi all,

    Newly joined here – I’m newly separated after husband commuted adultery.

    He moved out at the start of the year, I claimed for benefits as a single person as my wage is not great.

    I just wanted to ask if I “have” to get an official separation agreement, one that goes through the court at £300+?? At the moment I don’t have it in me to file for divorce, our separation has been agreeable – he pays maintenance and is helping with childcare due to being furloughed from work.

    We live separately and finances are separate except for the car is still shared between us, whoever has the kids has the car for that time.

    I hope this makes sense, I just wanted to check we are okay to not have a legal separation agreement in place? I do email him receipts to acknowledge the child maintenance being paid, but that is as far as it goes.

     

    Would appreciate your input, thanks.

    #41942 Report

    mamalou
    Participant

    Hi, sorry to say I don’t really know the answer to your question but I’m also interested in hearing from anyone who does know!

    I’m sure it does depend on individual circumstances and how complicated your finances are, as to whether it’s wise to protect your interests with a legal agreement, but I’m thinking along the same lines – if we can agree things amicably without having to pay solicitors and so on, I’d rather have that money to spend on the kids!

    Hope to hear from someone who’s done this and can help us both!

    Hope you are coping okay.

    Thanks for letting me tag on!

    #41980 Report

    Dippydon81
    Participant

    Hi – I have been separated from my husband for 3 years – I claim what I can and have not been asked for anything to be legal.  This is the first I have heard about a legal separation being a thing so I don’t “know” but I would say in my experience no .  Hope this helps

    #42046 Report

    Ali2710
    Participant

    Hi I seperated from my husband in January. He lives elsewhere. I spoke to a divorce solicitor in January as we need to sell the family home. If I was to divorce while selling the home, you have to have a financial consent agreement from the court. As I can’t afford the divorce currently, which was quoted at £2300😮 we have mutually agreed on a settlement from the house sale and maintenance and agreed to divorce later. I will go down the divorce route when settled in my own home. My and my husband are amicable as the seperation was mutual as we just fell out of love after a long time together. Hope that helps your question and I’m so sorry to hear of the seperation. Xx

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