Separating and Moving Out? Key Things to Consider

Having decided that your relationship is not longer bearable and that you will move out of your shared home, here are some things to consider.

First, make sure that any steps you plan to take will ensure the safety of yourself and any children who will move out with you. That might mean, for example, seeking advice about a protective injunction (non-molestation) order, moving out at a time when your former partner is away or out at work, or having a third party present to help you.

If you are not a joint owner or joint tenant, it might be difficult for you to ever move back in if you leave, so check your position.  It may not seem likely in the moment you want to leave, but it might be necessary later on. You might want to return to collect other items you cannot take immediately, so you need to consider how that might work or prove difficult.  Consider renting storage space if funds permit. 

Take any important documentation (such as your birth and marriage certificate, passport etc) and any items of value to you (sentimental or otherwise) straight away.  Having said that, do not take anything that doesn’t belong to you!

Pre-planning in terms of affordability is also vital. Check whether your income will support you in new accommodation, particularly if you are still liable for a shared mortgage or other liability.  Check whether you might be entitled to State Benefits.  Can you increase your working hours to help with costs?

If you have a joint account with your former partner, you will need to notify your bank of the change of circumstances and possibly seek to close the account or transfer it to the other account holder. The same applies to joint liabilities, such as loans, utility accounts, credit cards and so on. Your partner’s co-operation may be required.

Do you have pets?  Can they come with you?  If not, will there be difficulties in your retrieving your pet later?  Will your former partner look after them in the meantime?  Contact local rescue services or organisations such as Gingerbread about a temporary placement if necessary.

You will need to inform any businesses you deal with about your move and provide your new address.  Make sure to change your driving licence as soon as possible.

Your children’s schools may need to be informed of a change to who can collect and drop off the children.  If there is a dispute about how often contact with the other parent takes place or when the children can stay with them, consider mediation or discussing with a neutral third party.  If you can set up a Parenting Plan together, that will ease the transition for the children.

When time permits, make sure you make or amend your Will.  Please also update or make Lasting Powers of Attorney so that there are people to step in and look after you and your affairs if you become incapacitated.

This list is not exhaustive but will hopefully give you pause for thought and make sure you are better prepared for your departure.  Please seek advice from a specialist family lawyer if you have any concerns and wish to understand your options.