Q&A My husband said he wanted a trial separation and left. Do I need a solicitor?

Q: My husband decided after we came back from our summer holiday that we should have a 6-month trial separation as we have not been getting along for a while. This is something he wanted but I did not. Then at the beginning of September it seemed it was to be a fait accompli irrespective of what I wanted, when he packed a bag and walked out. Now I don’t know what to do. The mortgage payments have still gone out of the joint bank account and his salary has gone into it. He phones the children every night before they go to bed, but he doesn’t want to speak to me. Should I make an appointment to see a solicitor? 

A: Whether or not your separation becomes permanent and leads to divorce, in the interim there are practical issues that you should consider sorting out formally, particularly as you have joint financial arrangements and liabilities, and children. You should make an appointment to see a family solicitor with a view to having a formal ‘deed of separation’ drawn up for your own protection. If things change later on and you get back together, the agreement can always be overturned. If you divorce, then the groundwork is done and the court is likely to uphold the agreement.

A deed of separation will cover key issues such as sorting out joint accounts and borrowings, deciding who will live in the family home, agreeing where and with whom the children will live and have contact with, agreeing the provision of any spousal financial support, and making a new Will.

With a fair separation agreement in place, you will be able to get on with your life until further decisions are made, and you can do so without needing to involve the courts and without the worry of any nasty surprises around the corner due to your husband making any more moves without your agreement.

This question has been answered by Sean Rolinson, a Solicitor with GHP Legal.

If you would like to speak to someone about this or any other legal matter, book an appointment by visiting GHP Legal or contacting one of our offices:

Wrexham Office

Email: wrexham@ghplegal.com

Phone: 01978 291456

Llangollen Office:

Email: llangollen@ghplegal.com

Phone: 01978 860313

Oswestry Office:

Email: oswestry@ghplegal.com

Phone: 01691 659194

Sean Rolinson

Sean Rolinson

Solicitor

Part of our Family & Matrimonial team in Wrexham