Consequences of a Relationship Breakdown: Should I Stay or Should I Go?

Should I stay in the family home or should I move out so that my spouse/partner can remain there with the children? A question that is often asked by men and women when they are first seeking advice on the breakdown of their marriage or cohabiting relationship. The answer, I am afraid, is not straightforward.

Firstly, there are the safety considerations

Are either of you, or your children, likely to suffer physical or mental harm if you both remain in the home? If so, then one of you should leave unless you can reach an agreement to manage your use of the property in a way that will avoid confrontation. If there are children, it is most likely to be their primary carer that remains in the home, unless there are safeguarding issues for the children that require a change in the arrangements for them. If necessary urgent injunctive applications can be made.

Secondly, there are the practical considerations

If you are considering moving out, where will you go and how long will you be able to stay there? Are you able to afford this alternative accommodation and maintain the financial status quo at the family home, and if not, can you agree interim financial arrangements? If there are children, how will you maintain your relationship with them and will your partner/spouse support you with this?

Thirdly, there are the tactical considerations

If you move out, will your spouse/partner have an incentive to delay the reaching of a final agreement?

Contact our family law experts for more advice

If you would like to discuss any aspect of family law, are considering divorce proceedings or a trial separation, or want to draw up a pre or post-nuptial agreement, or a cohabitation agreement, call us in absolute confidence on 03456 381381. Alternatively, email us at familylaw@ibblaw.co.uk.