Separating from Your Spouse

Separation and divorce are not the same thing

There is no formal legal process for separating. You can separate without telling a court or anyone else, and you remain legally married until the final order of a divorce. You can even separate while living in the same house, if that is what you can manage.

You do not need to be separated for any particular length of time before you can divorce. Since April 2022 there is no minimum separation period, although you must have been married for at least a year. When you are ready, our guide to the divorce process explains each step.

Things to think about when you separate

• Where each of you will live, and who will stay in the family home.
• Money. Joint bank accounts and credit cards, bills, the mortgage or rent, and who pays what in the meantime.
• Children. Where they will live and how they will spend time with each of you. See arrangements for children.
• Your will, pensions and insurance. Your will stays valid until you change it, so your spouse could still inherit, and nominations on pensions and life insurance stay in place too.
• Benefits and tax. Separating can change what you are entitled to, so check before you assume.
• Your safety. If you are experiencing abuse, see below.
• Records. Keep copies of your financial documents, and think carefully before you sign anything.

Your home

If the home is in your spouse's sole name, you still have “home rights” as a spouse. These mean you cannot simply be locked out or made to leave without a court order. You can register your home rights at HM Land Registry, which alerts anyone buying or lending against the property. If you own the home jointly, it cannot normally be sold or mortgaged without both of you agreeing, and you will usually need to agree what happens to it.

If you or your children need protection, the court can make an occupation order deciding who can live in the home. We can advise on your position, and on dealing with the property as part of a financial settlement.

Separation agreements

Some couples record their interim arrangements in a separation agreement, covering who lives where, who pays which bills and arrangements for the children. A separation agreement can be a helpful practical guide, but it is not automatically legally binding, and a court is not bound by it when it later decides finances. To make financial arrangements binding you need a consent order approved by the court.

Judicial separation

If you do not want to divorce, for religious or other reasons, or if you have been married for less than a year, you can ask the court for a judicial separation. It formally recognises that you are separated but does not end the marriage, and the court can still make orders about finances, although some orders, such as pension sharing, are only available on divorce.

If you are experiencing domestic abuse

Your safety comes first. If you are in immediate danger, call 999. For free, confidential support at any time, call the Live Fear Free helpline on 0808 80 10 800. We can also help you apply for non-molestation and occupation orders. See domestic abuse protection.

How we can help

In a free half-hour appointment we can explain where you stand and what your options are, with no obligation. We are accredited by the Law Society's Family Law panel, and our family team includes a member of Resolution, so our approach is constructive and practical wherever it can be.

Frequently asked questions

Useful links

• GOV.UK: Money and property when you divorce or separate — official guidance
• Relate — relationship support and counselling
• Cafcass Cymru — how the family court in Wales looks after children's interests
• Live Fear Free — free 24-hour helpline on 0808 80 10 800 (in immediate danger, call 999)

More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.