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Financial settlement and benefits

Financial settlement

When couples that were living together break up neither partner is entitled to any maintenance from the other, and the court can’t order a transfer of savings or property that were owned by one of you (if it was always treated that way and the other one did not contribute towards it). However, if you both thought that such a transfer would be fair, you could make a voluntary agreement.

When you come to any sort of agreement between yourselves it is useful to write it down, including specifics like the amount and dates of any agreed payments, in case there is any dispute later on. If you have agreed to transfer property from one person to another you should consult a solicitor.
If you are unable to come to an agreement about financial issues you could take the matter to court, but this is likely to be a very drawn out and expensive business. You should only consider this as a last resort. You may want to consider using a mediation service to help you arrive at a fair settlement instead. See our Family Mediation pages for more details.

Benefits

If you are receiving any benefit you need to inform the agency that deals with that benefit that you are no longer living as part of a couple – this may be your local benefits agency, the Inland Revenue, and your local authority (for housing and council tax benefit). If you have moved you also need to ensure they all have your new contact details.


If you have not been receiving benefits but are now on a low income, you might be entitled to further help, particularly if you have children. Make an appointment at your local Citizen’s Advice Bureau or advice agency and the adviser will check that you’re getting everything you’re entitled to. Alternatively look at the DWP website and remember to check the HMRC tax credit website to see if you qualify for tax credits (see Links to other websites).

To download all our breaking up information as a leaflet click on Breaking Up checklist (482 KB).

April 2007

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