Financial settlement and benefits

When couples that were living together break up, neither partner is entitled to any maintenance from the other. The court can’t order a transfer of savings or property that were owned by one of you to the other (if the other one did not contribute towards it, and it was never treated as joint property) . However, if you both thought that such a transfer would be fair, you could make a voluntary agreement. If you owned property in joint names, it may not always be clear what your shares are. Sometimes you can work it out fairly, but it isn’t always easy to reach an agreement.
When you come to any sort of agreement between yourselves, it is useful to write it down. This can include 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. 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.
settlement instead. See our Family Mediation pages for more details.

Benefits

You are both financially responsible for your children. If your children don’t live with you, you should pay child support. You do not have to pay child support for your partner’s children unless you have adopted them. There is a new website and helpline: Child Maintenance Options 0800 988 0988 that you can go to for advice on maintenance for your children. They will advise you on your choices and help you sort out an agreement if possible. If you can’t agree, then they will tell you about how to use the Child Support Agency.
Whether you are moving or not, it is a good idea to tell your children’s teachers the new situation. They need to understand what is happening as the situation at home may make a difference to your child’s behaviour in the short-term.
See the children section at *LivingTogether*for more information.

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).