Legal Resources and News
Read jargon-free articles and guidance pieces written in-house by our solicitors and keep up to date with what's happening at Neves.
In every initial consultation, one of the first questions we ask clients is when they separated from their partner. Their response is usually definitive as they have an idea when this happened. They may have had a conversation or one of them moved out but sometimes I am asked when will the court say we separated or when should I say we separated.
When parents separate, the ideal is for them to be able to agree on arrangements for their children and how much time the children will spend with each parent. Nowadays, most parents have parental responsibility, so in law, they have an equal say in their children’s upbringing. Those big decisions, such as which school a child should attend, how to deal with Covid-19, and boundary settings are decisions that should be made together.
As a business owner, it is vital for you to consider what might happen to your business if you were not able to make decisions due to:
- lack of mental capacity, an illness, an injury or a medical condition that means that you may no longer have the capacity to act
- an accident that might make you temporally unable to make decisions and run the business
- or, if you are not able to sign the paperwork due to spending a lot of time abroad.
When a couple first separate, it can be difficult to know where to start and what arrangements need to be made between you moving forwards. It is always preferable to try and negotiate arrangements between yourselves if the relationship is still an amicable one. If you do think that you might be in a position to discuss matters with your former partner or spouse, the below list is a good starting point of the top 5 topics you may wish to discuss. It applies to both married and unmarried couples.