'I want to leave my relationship'
If you're feeling confident and want to know more about the next steps to leaving your relationship, including more legal rights, click below:
Your Options
You are not alone.
Deciding to leave a relationship is a difficult process, it can be overwhelming, create mixed feelings and leave you worried whilst handling these all on your own. This page is designed to give you clear information that you can explore at your own pace, without pressure or judgement. If you're unsure about your options, use our flowchart to help think through what's important to you and for your children. The flowchart will guide you through each question about your circumstances and connect you to information, services and next steps to match your needs.
You are in control of the process, you can stop at any time and come back whenever you're ready.
Interactive flowchart
Legal rights when leaving a relationship
When you leave your relationship, it's important to know that you have basic legal rights that protect you and your children. The path you take will depend on your circumstances, before you use our flowchart, here are some common questions and answers about your legal rights.
If I’m married
Do I have a right to stay in the family home even if it’s in my spouse’s name?
Yes. Under the Family Law Act 1996 (Part IV, ss.30–33) you may have 'home rights' allowing you to remain in the property until divorce or further court order.
- Service: Rights of Women.
Service: Rights of Women.
If I own my own home
What happens to my property if I separate from my partner?
If married, property division is under the Matrimonial Causes Act 1973 . If unmarried, property rights are determined by Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
- Service: LawWorks for property disputes.
Service: LawWorks for property disputes.
If I rent privately
Can I stay if my name is not on the tenancy?
You may have rights under the Family Law Act 1996 to transfer tenancy or under the Housing Act 1988 .
- Service: Shelter UK.
Service: Shelter UK.
If I live in council housing
Will I lose my tenancy if I leave because of abuse?
No. Under the Housing Act 1996 , victims of domestic abuse are classed as in priority need for rehousing.
- Service: Local Council Housing Team
Service: Local Council Housing Team
My rights as a mother regarding my children
Can I stop contact between my child and their other parent?
Under the Children Act 1989 (Welfare of the Child is paramount, s.1) contact can be withheld only if there are safeguarding concerns, court orders may be required.
Next Steps
After using the flowchart, how do you feel?
'I need more urgent help'
Your safety comes first. This section will guide you to emergency contacts, crisis support and legal protections you can access now.
'I'm feeling overwhelmed'
I need support with calming my mind and/or helping my children with grounding techniques before I can think about this situation.