Separating from parents in the UK is not straightforward if you are a minor. Once you become an adult, you will be free to choose not to have people in your life.
A child is considered to become an adult at the age of 18 in the UK. At 18, you can vote and choose to leave education or training. You are also free to leave home and discontinue your relationship with your parents or other family members if you choose to.
Before the age of 18, the situation is more complicated. Divorcing your parents is not a recognised legal process, however, if your home situation is particularly difficult, there may be options available to you.
Leaving home aged under 16
Below the age of 16, parents are responsible for taking care of their children, including providing a safe home for them. If a relationship becomes difficult, the best course of action is usually to seek help to try and improve matters between family members.
To speak to a trained counsellor, children can contact Childline.
Leaving home aged 16-18
A teenager can leave home at 16, although their parents are still responsible for them until the age of 18. Leaving home will mean a young person will need to provide for themselves, including paying rent. Landlords do not generally rent property to under-18s without a guarantor.
How to divorce your parents as an adult
Family estrangement is common, ranging from falling out with parents to a serious rift resulting in the desire to divorce from parents or other family members.
Because there is no legal process for removing parents from your life, divorcing your parents will mean simply cutting all contact and ties with them, in effect disowning family members.
This is generally speaking more of a practical and emotional exercise than a legal one. You may wish to write them a letter explaining that you no longer want contact with them and asking them not to attempt to contact you.
From a legal standpoint, you should ensure that your affairs no longer include family members whom you do not wish to have in your life. You should ensure that you have a valid Will in place because if something were to happen to you and you do not have a Will there is a chance that your parents could inherit your estate under the Rules of Intestacy. There is also a risk that your estate could be involved in lengthy and expensive legal action if you do not leave a Will and a disagreement arises between family members.
You can also use your Will to appoint guardians for your minor children. If you do not do this, then it will be for the court to decide who should care for them if you are no longer around, and there is a risk that your parents could be chosen.
If you have other formal documentation which might include your parents by default, for example, pension provision, you should ensure that this is amended to name other beneficiaries.
Parental responsibility for children
Parents are required by law to care and provide for their children until the age of 18 when parental responsibility ends. Adult children who expect to be provided for under the terms of their parents’ Wills may have the option to make a claim against their estates following death if they have not been provided for.
If the adult child has limited means and might have expected reasonable provision for their future, they may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
In summary
Divorce from parents is more of an emotional issue for most than a legal one. If you wish to seek family counselling to try and repair difficult relationships, support charity Relate may be able to assist.
To cut parents from your legal affairs you should review the documentation and estate planning that you have in place and ensure that the arrangements you have in place protect your assets as far as possible.
Contact us
At Witan Solicitors, we are experienced in dealing with family law and inheritance issues. If you would like to discuss your options with an expert family or estate lawyer, email us at info@witansolicitors.co.uk or fill in our contact form. We have offices in Birmingham, London and Northampton.
