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Things to do straight away
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The following are matters that, if they apply to your situation, should be dealt with urgently. Depending on your situation, you may also need to get legal advice urgently about arrangements for your children, housing, finances or divorce.
If you are experiencing violence
If you or your children are at risk of harm by remaining in the family home and are in need of somewhere safe to stay, contact an organisation such as Refuge, see Further help and information. Also see Know your housing rights for how you can apply for a court order to help you stay in your home and keep the violent person away.
If you have come from abroad
If your passport or Home Office document states that you have 'limited leave to remain in the UK' because you entered the UK as a spouse, fiancé, same-sex civil partner (from December 2005), or long-term cohabitee, you should seek specialist advice (see Further help and information) before notifying the Home Office or applying for any financial help or housing.
Protect your home
If you are married (or in a same-sex civil partnership from December 2005) but your name is not on the title deeds of the property, or unmarried but can show you have an interest in the property (for example, because you have made a financial contributions towards it), you need to take action to prevent your ex-partner from selling or mortgaging your home without your knowledge.
You should register your matrimonial home rights (or rights of occupation if you are not married) on the title deeds of the property at the Land Registry. You can do this yourself (Citizens Advice can help you) but if you are unmarried you should seek advice from a solicitor. Also see Know your housing rights.
Claim benefits and tax credits for the family
Splitting up from your partner may mean you become entitled to new benefits or tax credits or are now entitled to a higher amount. If you're already receiving benefit, or if your ex-partner was claiming benefits for the family, you must inform the benefits and/or tax credits office of the change. You should do this straight away so that you don’t get overpaid or lose money.
Make sure you are receiving Child Benefit and Child Tax Credit for the children you have day-to-day care of. If you do not, this may affect whether you are entitled to other benefits and/or Working Tax Credit. - If you do not work, or work less than 16 hours per week, and your ex-partner is not supporting you, contact your local Jobcentre Plus office (the number will be in your local phone book) about making a claim for Income Support. Note that a claim for Income Support is also treated as an application to the Child Support Agency unless you state you wish to 'opt-out' – contact our helpline for more information about this. Also contact your local authority about making a claim for Housing Benefit (for people who pay rent) and Council Tax Benefit.
- If you are working 16 or more hours a week contact the Inland Revenue about making a claim for Working Tax Credit. If your income is low, you may also be entitled to Housing Benefit and Council Tax Benefit from your local authority.
- If you have been left without money for essentials like food or fuel – apply for a Crisis Loan from the local Jobcentre Plus office. If you have been left without essential household items (for example, essential furniture, cooking utensils, bedding) and you receive Income Support or income-based Jobseeker’s Allowance, apply for a Community Care Grant from the local Jobcentre Plus office.
Make arrangements for child maintenance
If it is not possible to come to an agreement with your ex-partner about maintenance for your child, you may wish to apply to the Child Support Agency (Call 08457 133 133 or visit www.csa.gov.uk) to assess and collect maintenance on your child’s behalf. If you are married or a civil partner (from December 2005), your solicitor will advise you as to whether you should apply to court for a Maintenance Order for maintenance for yourself.
Apply for a Council Tax discount
If you are now the only adult living in the household you qualify for a 25 per cent Council Tax discount. Older children for whom you still receive Child Benefit and students are not counted as adults for Council Tax purposes. Contact your local authority.
Get advice about debts
If there are debts that were taken out by your ex-partner or jointly, you should get specialist advice first to check if you are liable for the debt and/or to prepare a proposal on how the debt can be repaid. See Further help and information.
Contact the bank about any joint bank accounts
You may need to act quickly to prevent your ex-partner from emptying a joint bank account. Contact the bank to cancel the mandate (the instruction to the bank) that was signed by both of you when the account was opened. The arrangement can then be changed so that cheques can only be drawn with both signatures or the account can be closed and a separate one opened. Also check if the account has an overdraft facility, you may be liable for repayment of the overdraft even if you did not spend the money.
If there is a dispute about the funds in the account, arrange for the account to be frozen and speak to your solicitor about negotiating on your behalf or, in a real emergency, applying to the court to make an order. You can freeze the account on your instruction alone, and it will only be unfrozen if both you and your ex-partner give written instructions or if a court order has been made. The bank itself may decide to freeze an account if they are notified of a dispute or even just that you are separating.
If you do not have your own bank account, you will need open one so that any benefits and tax credits you are entitled to can be paid into it.
Cancel joint credit cards
If you are the main card holder you should put a stop on the card and ask for a new card to be issued to you.
If you believe your ex-partner will dispose of joint assets
If you were married, you can apply to court for an order to prevent your ex-partner disposing of property or other assets. You will usually have to start divorce proceedings first and you will need to provide as much information as possible about the assets and prove to the court that disposal is likely to happen. You should instruct a solicitor to do this.
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