Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

What can you do about your finances?

You have no financial responsibility towards each other after you split up

It is a widely held belief that when you have been living with a partner, sharing a home with them and even raising a family together that you have a legal responsibility to support each other financially.

This is not the case. You in fact have no financial responsibility towards each other while you are living together or after you split up.

Unlike married couples, therefore, you are not entitled to receive maintenance payments from your partner even if you have lived together for a number of years or given up your career to look after the home and the children.

Child Support

As parents, you both have a financial responsibility towards your biological or adopted children whether you are married or not. See our Children and Child Support for unmarried couples.

Debts

Many couples today are living with a considerable amount of debt. It may be that when you moved in together you each brought your own debts, or it could be debt you incurred whilst living together.

If you split up, you are only responsible for the debts that are in your name. Therefore, if it is either in your name alone or both your names are on the debt you are liable for it. Where loans or agreements are in joint names, you cannot pay ‘your half’ and then walk away: you are both jointly liable for the full amount until the balance is clear.

While the debt remains in both your names, you may be linked with your ex-partner in terms of credit rating even if you no longer live together. You can contact credit agencies and ask them to remove the link between you and your ex-partner but they may refuse.

If you are separating and experiencing difficulty paying the debts you are liable for it can be a very worrying time. These days there is a good deal of help and advice available and it is always better to act quickly rather than bury your head in the sand. Your local Citizen’s Advice is a good place to start