Posted by familylaw on 26th September 2022
We’re separating but when should I get legal advice?

Shannon Fawdry from our divorce and finance team explains why seeking legal advice early can make a big difference.

When you speak with other people they will all have different views about the right time to take legal advice when you have decided your relationship has ended.  Some may say they took advice before they even told their partner of their decision while others may have waited until they simply cannot see a way forwards without legal advice, perhaps after considerable discussions over divisions of assets which may well have raised temperatures.

Everyone is different but seeking early legal advice can give you vital information to consider before you move forward and may well stop you from making some of the mistakes we see people make when they have not had advice. At the Family Law Company we offer a free initial appointment to talk through your situation.  Here are some of the reasons why seeking early legal advice is a good idea.

If you have children with your partner, then the most important consideration should be making arrangements for them. As parents you will be concerned about the impact the separation will have on the children. Seeking early advice will help you know your rights as a parent, highlighting the steps you can take to ensure good co-parenting for the future and can sign post you to helpful resources such as mediation.


Once you are separated, it is fair to say that living under the same roof could be difficult. Equally, moving out may prejudice your position in the long term. By speaking to a solicitor early on, you can ensure that you make fully informed decisions about the family home and its occupation, as well as understanding what your options are if sharing the property does become intolerable.


On separation, you will need to consider your financial situation and how joint finances will be managed moving forwards.  Resolving financial issues can often be one of the most upsetting parts of breaking up, especially if communications have broken down, one of you has more insight into the finances than the other, or you both have different ideas as to what the right outcome should be.

Early legal advice and early agreement with your partner can help you work out the most sensible way of managing your finances post separation from helping safeguard property to cashflow modelling and business valuations. Enabling you to enter difficult conversations with your partner with confidence knowing where you stand legally.

Taking the step to get legal advice

The decision to separate is not easy emotionally and it may mean you are not necessarily at your best for making fundamental choices about your future. Legal advice provides you with an opportunity to talk your situation through and ensure you are fully informed when making critical choices about your relationship.  That’s why we offer our free initial appointment to help those considering separation talk through their situation. This early initial conversation has allowed them time and space to think about the next steps that are right for them.

Need some advice? Get in touch today

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
The information submitted here is used and stored for the purpose of replying to the enquiry. For more information on how we process data please visit our Privacy Policy.

Information Articles

+ More Blog Articles
Would you like to speak to someone? Find out how to get in touch...