This article, written by Alexandra O’Shaughnessy-Tredwell, from Meadows Ryan- one of our trusted family law firms- answers questions on the topic of, “Separation and Children”, including “What happens if my ex-partner and I can’t agree on child custody arrangements?”
What happens if my ex-partner and I can’t agree on child custody arrangements?
One of the hardest parts of separation can often be the animosity and difficulty it can create in trying to agree on child custody arrangements. For example, as parents, you will need to agree where the children will live, and how frequently they will spend time with the other parent. If parents cannot come to an aligned position on child custody, it can expose the children to acrimonious situations and can potentially lead to psychological harm.
This article will take you through the potential pathways to agreeing child custody arrangements, whilst continuing to maintain a healthy co-parenting relationship.
The term ‘Parental responsibility’ is used a lot in child custody proceedings, but what does it mean?
Parental Responsibility encapsulates the legal rights and responsibilities a parent has in respect of their children. All mothers are automatically granted parental responsibility at birth and most fathers assume parental responsibility through marriage or via signing the birth certificate. ‘Parental responsibility’ does not mean that you have the right to spend time with your child, but it does mean that the other parent must take into account your view when making key decisions (not routine decisions) about the lives of any shared children. An example of a key life decision may be the changing of school or relocating abroad.
So, what happens if you both hold parental responsibility, but cannot agree on child custody arrangements?
At present, the government is running a Family Mediation Voucher Scheme where, if eligible, the government will offer £500.00 for a family to attend mediation so as to try to avoid entering court proceedings. If you are not eligible for the government scheme, it is still favourable to have engaged with mediation as a first step as it shows willing to come to an agreement. Our Family Lawyer and Partner at Meadows Ryan, Christian Abletshauser is a member of Resolution and a trained Collaborative Lawyer. Christian’s primary objective would be to look for a fair and prompt solution, rather than immediately referring the matter to Court. Proposals or recommendations within mediation are not legally binding, however at the end of mediation you can convert these proposals into a legally binding agreement or a court order.
If mediation is unsuccessful, arbitration could be your next step. Arbitration is another form of alternative dispute resolution which again, can be used prior to embarking upon court proceedings. Arbitration allows parents more flexibility and provides a less formal setting than court proceedings, which can often be beneficial to a co-parenting relationship in the long term. Arbitration is also often less costly, and decisions made in Arbitration are legally binding which some parents find reassuring.
In some cases where parents simply cannot agree child custody by alternative means, court proceedings may be the only method of resolution. Although it can be very daunting and costly, court proceedings are very effective in providing a legally binding decision that has been carefully considered by a Judge having heard from a witness and third parties. Once a court order is made, this must be adhered to by both parents, whether a parent feels it is in their favour or not. If child custody arrangements are not followed, a parent could run the risk of having enforcement action brought against them by the other parent.
There are some law firms that accept Legal Aid cases. Legal Aid is money provided by the Government to cover legal costs for people who cannot afford them. Legal Aid is means tested and eligibility is extremely narrow. There are, however, other ways of financing your legal fees which if required, can be discussed and explored with any solicitor you may wish to instruct.
The above guidance and advice accounts for situations where you do not feel in fear or at risk of Domestic violence or emotional abuse. If you are at risk/in fear of your ex-partner, then Women’s Aid provide a free advice helpline for women and can be contacted on 0808 2000 247 or the Men’s Advice Line provides a free advice line for men and can be contacted on 0808 801 0327. These organisations can provide help and guidance on your next step and refer you to a legal aid funded firm. Our lawyers in the Meadows Ryan Family Department are also trained to deal with Domestic violence and Harassment, please feel assured that your correspondence with us would be dealt with, with the upmost confidentiality.
Christian Abletshauser and Jodie Care are the point of contact for our family department, they can help with providing advice and guidance on child custody arrangements. They are also highly experienced in other relationship and family matters such as: Pre and post nuptial agreements, Financial Ancillary Relief, Separation, Domestic Violence and Harassment. To contact them for advice or help, you can either call Meadows Ryan on 01932 852 057 or email [email protected]
Alexandra O’Shaughnessy-Tredwell
Alexandra O’Shaughnessy-Tredwell joined Meadows Ryan in July 2021 following her role at a National Law Firm undertaking predominantly family law matters. Alexandra is a paralegal, working within the family, litigation and immigration teams. Alexandra has completed her LLB and is currently studying for her LPC and LLM. Outside of work, Alexandra enjoys running organised half marathons, dog walks and having friends over for dinner.
https://www.mybump2baby.com/wp-content/uploads/2022/01/Separation-and-Children.png6301200Alexandra O’Shaughnessy-Tredwellhttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngAlexandra O’Shaughnessy-Tredwell2022-01-19 12:50:572022-01-28 16:47:47Separation and Children
Ending your married life and making the move from marriage to ex-partner can be difficult for both involved. No one gets married to get divorced and going from planning your lives together to planning separate lives can be an emotional time.
Divorce with kids can be even more difficult as it is important to try and maintain a good relationship with your ex-partner for your children. Sometimes one parent wants to get on and the other parent feels differently.
Divorcing your spouse when you have children can be a very difficult and emotional time. There is so much more to think about when there are young children to consider, you want to make sure you handle your divorce proceedings as best as you can as a parents divorce can be traumatic for children if it isn’t handled properly.
Today, we have expert family law solicitor, Nadine Moaddel, from Mancini Legal in Horsham, answering frequently asked questions on divorce in both a video format and blog.
I Am Thinking of Leaving My Spouse, How Do I Get A Divorce?
You must be married for at least 1 year before you’re entitled to apply for a divorce. If you’re petitioning for divorce, you have to choose the reason (‘ground’) you’re relying on.
There are 5 grounds that are recognised by the court:
Unreasonable behaviour
Adultery
2 years’ separation with consent
5 years separation (no consent)
Desertion
The first two are classified as ‘fault-based’ grounds.
You can either apply for the divorce yourself or with the assistance of a solicitor. Either way, you’ll need to send three copies of the petition to the court, together with your original marriage certificate, and will need to pay a court fee of £550 (unless you’re claiming an exemption).
If you’re applying online, you’ll need to complete the petition and scan a copy of your marriage certificate to submit to the court.
You will be referred to as the ‘petitioner’ and your spouse is the ‘respondent’
Once the petition has been approved (‘issued’) by the court, a copy will be sent to you and to the respondent. The respondent will be given the opportunity to reply to the petition, completing and returning their paperwork (‘acknowledgement of service’)
Provided the respondent doesn’t contest the divorce (amicable separation) or wish to challenge any costs claimed, you’ll receive a notification from the court (‘certificate of entitlement to decree’) confirming you’re able to apply for the next stage of the divorce.
You’ll need to make an application for the judge to formally consider your case, and will need to submit a statement in support of your case. Provided the court are satisfied with the paperwork, they will set a date for the hearing, which parties don’t usually need to attend.
Once the ‘decree nisi’ has been granted by the court, you’ll have to wait for 6 weeks and 1 day before applying for the final stage of the divorce (‘decree absolute’). If you don’t apply for the decree absolute after 4 ½ months the respondent can apply to the court (but a fee is payable).
Do we have to go to Court?
No. Provided your spouse doesn’t contest the divorce, and costs can be agreed, there is no need to attend court.
What Is Unreasonable Behaviour When It Comes To Divorce?
Unreasonable behaviour is any behaviour displayed by your spouse that you find intolerable to live with, and that has led to the breakdown of your marriage.
A good solicitor will help you draft an unreasonable behaviour petition that will satisfy a judge, so that the petition is issued. It’s always advisable to send a draft petition to your spouse before you submit the particulars of behaviour to the court, so that they don’t come as a surprise.
What is a no-fault divorce?
Currently, there are limited grounds that you can rely on if you’re looking to divorce without apportioning blame on the other party. You either have to be separated for a period of 2 years or more (and your spouse consents to the divorce) Or, if they don’t consent, and you don’t want to use a fault-based ground, you’ll have to wait for 5 years before petitioning.
No-fault divorce is due to come into effect from April 2022. In the meantime, if you’ve been separated for less than 2 years, you’ll have to rely on a ‘fault-based’ ground (unreasonable behaviour or adultery).
Contrary to popular belief, apportioning blame has no impact on the financial or children matters, provided you make no admissions to the behaviour alleged. If you’re not sure how to respond to an acknowledgement of service where blame has been made, due to your alleged behaviour, it’s wise to seek legal advice.
How Do I Get A ‘Quickie’ Divorce?
The so-called ‘quickie-divorce’ that’s referred to in the tabloids is a myth. All divorces follow the same procedural process. If you’re hoping to finalise your divorce swiftly, the best way to do so is to apply online with the assistance of a solicitor, ensure that you have co-operation from your spouse before you file the petition, and have a general agreement in place regarding the division of finances.
Usually, the delay in applying for the final stage of your divorce (‘decree absolute’) is because finances haven’t yet been agreed. A solicitor will review and advise on any agreement reached, and can even assist with negotiating a settlement if you’re yet to do so. They’ll then prepare a consent order, which records the agreement formally, and assist with the financial paperwork. Once you and your spouse have signed the consent order and associated documents, these are lodged at court, for the judge to review (and approve).
In the majority of cases, it’s unwise to apply for the decree absolute, until financial matters have been formally approved by the court.
How Much Does A Divorce Cost?
It depends. Divorce costs are recognised as separate to any costs incurred in financial or Children Act proceedings. If you petition for divorce without the assistance of a solicitor, and your spouse also doesn’t instruct one, then you’ll just have to pay the £550 court fee. You may agree to split the divorce costs with your spouse equally, or may even be entitled to an exemption (depending on your financial circumstances).
If either party instructs solicitors, then these will increase costs. Many firms offer a fixed fee package, provided the divorce isn’t contested. It’s worth finding a firm that does offer such an incentive so that your costs are clear from the outset.
Financial advice is charged for separately, and the costs will depend on whether you’re able to reach an agreement amicably. Solicitors usually charge by the hour, so your costs will depend on their level of involvement. If either party issues formal proceedings, then the costs are likely to escalate.
Who Gets The House In A Divorce?
The courts primary objective is to ensure that any financial settlement is fair and equal. ‘Equality’ in this context doesn’t mean that the assets of the marriage are split 50:50. What is ‘fair’ will depend on the circumstances of the case.
The courts will have regard to the Section 25 Factors which be found in the Matrimonial Causes Act 1975. The first consideration of the court is the children of the family. The parties’ age, health, earning capacity and future resources also are relevant. Therefore, the court will have to look at all the circumstances of each individual case, and make an assessment as to how assets should be divided.
Most cases are predicated on ‘needs’ and therefore, ensuring each parties basic needs are met, are of primary importance. Sometimes, there just isn’t enough money to rehouse both parties. The court have the power to make orders for the transfer of property into one parties name, they can even defer sale- until a ‘triggering event’ occurs (e.g. when the youngest child reaches the age of 18 and completes tertiary education), the court may also make orders for sale.
Other assets, such as pensions, are also likely to form part of the matrimonial pot. There are a limited number of cases where pensions or pre-acquired wealth can be ‘ringfenced’ from the financial settlement (this approach is unlikely to be given much weight, particularly in needs-based cases).
Your solicitor will explore the different options with you. If you’re able to reach an agreement, the court have the power to formalise this. If you’re unable to agree, financial proceedings are issued and matters do not settle before a final hearing, the court will have the power to decide what happens to the family home. By that stage, each party is likely to incur significant legal costs, and therefore it’s advisable to avoid matters escalating to a final hearing.
Who Gets The Child In A Divorce?
Child arrangements should be discussed separately. That’s because they have their own sets of rules and procedures, that are separate from financial and divorce matters. Usually, parties are able to reach an agreement on the future child arrangements following a relationship breakdown and may wish to formalise these by way of a parenting plan. The advantage of this is that it sets out the intentions of the parties at the outset, and allows for flexibility (as these plans aren’t legally binding). It’s a good idea to have these discussions at the outset. Depending on your child’s age, and provided you and your spouse remain amicable, you may want to ask what their preference would be so that their wishes and feelings are taken into consideration. Ultimately, it will be down to you as parents to decide what is in a child’s best interests.
If you’re unable to agree, you may ultimately wonder, usually, who gets the kids in a divorce? The answer is that there is no parent “more likely” to be given custody based on gender alone. You can consult a mediator (a neutral third party) or a solicitor to determine child arrangements. As a last resort, either party can apply to the court for a ‘Child Arrangements Order’ and there are likely to be several hearings before a final order is made. The disadvantage of making a formal application is that costs can quickly escalate and can delay parties from ‘moving on’. The court may advocate an approach whereby not making a formal court order is seen as most appropriate (‘the no-order principle’). If an order is made, it can be more restrictive, and may even exacerbate tensions between parents that already find it difficult to communicate.
There are plenty of co-parenting apps out there, that are designed to facilitate discussions between parents, to enable parties to co-parent effectively. At the outset of your matter, your solicitor should provide you with a guide to resources that can help.
What Divorce Settlement Will Each Party Be Entitled to? How are Finances Split?
The courts primary objective is to ensure that any financial settlement is fair and equal. ‘Equality’ in this context doesn’t mean that the assets of the marriage are split 50:50. What is ‘fair’ will depend on the circumstances of the case.
The courts will have regard to the Section 25 Factors which be found in the Matrimonial Causes Act 1975. The first consideration of the court is the children of the family. The parties’ age, health, earning capacity and future resources also are relevant. Therefore, the court will have to look at all the circumstances of each individual case, and make an assessment as to how assets should be divided.
What Happens if we Cannot Agree on the Finances?
If you’re unable to agree, and you have exhausted all possible avenues- such as mediation and solicitor negotiations, your solicitor may recommend that you initiate financial proceedings. Your solicitor will explore the different options with you.
Bear in mind that if matters don’t settle before a final hearing, the court will have the power to make an order, and neither party will have control over this. By that stage, each party is likely to incur significant legal costs, and therefore it’s advisable to avoid matters escalating to a final hearing.
Financial Settlement – Fair and Equal
The courts primary objective is to ensure that any financial settlement is fair and equal. ‘Equality’ in this context doesn’t mean that the assets of the marriage are split 50:50. What is ‘fair’ will depend on the circumstances of the case.
The courts will have regard to the Section 25 Factors which be found in the Matrimonial Causes Act 1975. The first consideration of the court is the children of the family. The parties’ age, health, earning capacity and future resources also are relevant.
Therefore, the court will have to look at all the circumstances of each individual case, and make an assessment as to how assets should be divided.
How Does Divorce Affect Children?
Divorce can be a very challenging time for children, and all children cope with the news of divorce differently. Whilst it can be stressful and emotional for everyone involved, for children, it can feel as though their entire world has been turned upside down. The idea of their parents divorced can leave a lot of uncertainty. Divorce can be particularly challenging for younger children between the ages of 6 and 12.
Through a divorce, providing support to your children should be your number one priority. Children may even blame themselves and feel guilty for the divorce, so it is important that you reassure them that this is not the case. Being patient and listening to your child and settling any concerns can help your child through this time. It is important that you reassure your child that both parents will still be present in your child’s life and that you both still love them very much.
For more information about how to tell children about a parental divorce, and how to support them through the parental separation, click the link below:
https://www.mybump2baby.com/wp-content/uploads/2021/08/Divorcing-your-spouse-when-you-have-children.png6301200Nadine Moaddelhttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngNadine Moaddel2021-08-13 13:24:362022-01-24 13:45:16Divorce and Children - Everything You Need To Know
At MyBump2Baby, we feel that it’s really important to share information on topics, such as how to Divorce in the UK, from family law solicitors, so that we can offer help and support to those when they need it most. Getting a divorce is a confusing and hard time and many couples don’t know where to start. This blog- from Mancini legal- our family law solicitors in Horsham– is all about ‘How to get a divorce’. We hope it offers some help to those in need.
Divorce Process in the UK- Step by Step
Going through a divorce means that you and your partner have decided, for whatever reason, that you do not wish to be together anymore. It involves separating and terminating your marriage legally. Divorces can happen for a lot of different reasons and it’s totally up to you who you share those reasons with. Whatever your reason is for wanting a divorce, when telling your partner you must be clear, honest and understanding. A lot of married couples decide to go through the divorce proceedings, it is nothing to be ashamed of and if you believe you will be happier then the choice is completely yours. Getting a divorce is a different process all over the world, in England and Wales there are criteria that must be met before a divorce can be granted.
These include:
You must have been married to your partner for at least one year. This implies that you have actually attempted to make your marriage work before you have filed for a divorce. There are other options, however, including legal separation.
The marriage has permanently broken down. This would be when the person filing for the divorce, the ‘petitioner’ has proved that they cannot continue with their marriage or living with their spouse.
Your marriage is recognised in the UK.
The UK is either yours or your partners permanent home.
Deciding to Go Through the Divorce Process (UK)
Choosing that you want a divorce from your partner is a really hard decision to make. It can often be made even harder when children are also in the picture, along with property and other things. Sitting down with your partner and discussing the idea of a divorce can be a really anxious time, even when you’ve been thinking about your reasons for a while.
In some cases, both partners can agree to a divorce, however, sometimes it is not that simple. If just one partner wants a divorce, things can get tricky.
If you are considering going through the divorce process, whether or not you think your partner will agree, you must be prepared. You need to prepare for the way that your spouse may feel when you tell them how you feel, you’ll need to be ready to answer any questions and also show them support.
On the contrary, if your partner is suggesting that you get a divorce, you must try to stay calm and listen to their reasoning. While you may find it hard to accept to begin with, once you think about the situation in more detail, you may find that you may feel happier with a divorce too. It’s OK if you want to remain quiet and give yourself time to process the situation, but it’s also OK if you want to ask questions and understand the situation more that way. Either way, it’s important that you remain calm and try to be understanding. This conversation may be hard to hear, but it’s also hard for your partner to start.
Making Arrangements
Before you apply to go through the divorce process, you should take time to consider what will happen to any children, money and property that you have. A lot of the time properties are jointly owned and therefore arrangements should be made to split the costs in some way.
Children also must be taken into consideration. It is likely that one parent will have custody over the children and then plans will be made for how often and when the other parent will care for the children.
Making these arrangements is difficult and they should be talked about in a calm way and without any children involved to start with. Children can be told at a later date when all of the details have been finalised.
In order to make these arrangements easier, it might be a good idea to hire a family law solicitor who can help you along the way. A solicitor will not make decisions for you, but they will advise you on the best options for you and your family.
Applying For A Divorce
Once you and your partner have agreed to go through the divorce process, it can be hard to work out what’s next. We wanted to ensure that the information was readily available for those who might need it. First, one of you must apply for a divorce, which currently costs £550 in England and Wales. You will pay this when you send off your divorce papers. To find out more about the costs of a divorce, you can read the article: is getting a divorce is expensive?
Often it is down to the petitioner to pay for the divorce costs, however, you can request that your partner split the cost with you, as this can be a large payment for one parent to deal with.
In order to be granted a divorce, you must have met the criteria mentioned above and also mark your marriage as ‘irretrievably broken down’ which means you genuinely believe that there is no way you could save your marriage.
Within this, there is more criteria, also known as ‘facts’ that you must meet. You can choose 1 of 5 facts to end your marriage.
Adultery has been committed.
You have been separated for at least 2 years and both agree that divorce is the best option.
You will need to include the relevant facts in your divorce application. After this application has been accepted, you will receive a ‘decree nisi’.
A decree nisi is a document, provided by the court, that states that the court does not see any reason why you cannot divorce.
If your husband or wife doesn’t agree to the divorce, you may still be able to receive a decree nisi- but you will have to go to a court hearing to discuss the case. In this case, court fees will apply.
A reason for separation without divorce is known as a legal separation. This can sometimes be an option for those who have been married for less than a year and therefore do not meet the criteria for a divorce. However, some divorce solicitors may advise against this.
Using legal separation means that you and your partner remain married but can live apart and make any other arrangements between yourselves. For religious reasons, couples may choose to have a legal separation over a divorce. The cost of a legal separation is £365 in England and Wales. This is a one-off payment and there is no extra cost attached. However, if in the future you decide to file for a divorce, you will still have to pay the usual divorce fee of £550. This can also be a reason why people choose to wait for at least one year to be up before they file for a divorce, it can be costly.
Family Law Solicitors
Going through a divorce alone can be daunting, you often don’t have much advice and it can be very confusing. A good way to get good quality advice is to hire a divorce solicitor. Divorce solicitors are highly trained to deal with this exact situation.
Having a divorce solicitor can often make the process calmer and better for everyone involved. They can also offer parents advice on how to how to tell children about divorce, which is a really difficult conversation to have. Solicitors can represent you in court should you require it, they can help to ensure that you have a good outcome when it comes to money and property.
Family law solicitors are often recommended when one partner may not agree to the divorce, it can make the situation easier to deal with and they can advise you on the best way of dealing with this difficulty.
Where We Can Help
At MyBump2Baby, we work with family law solicitors all over the UK, who provide families with support and advice through all kinds of challenging times, divorce being one of them. We are proud to work with these companies and feel honoured that we can promote them through various platforms.
Using our directory, you can have access to family law solicitors in your local area, who can help you through hard times and provide legal advice. The companies that we work with work hard to ensure that their clients receive the best outcome possible and are represented in a professional and effective manner.
Deciding that you want a divorce and knowing what to do in the situation can be really hard. There are a few options on how you get get a divorce or separate. It is important to remember that every couple is different and what works for someone else might not work for you. You should be open to advice but you need to consider yourself and your partner to work out the best option for you both and any children that you might have together.
We hope this blog has been useful. We are proud to be able to share important information on topics such as this one so that families know exactly what they need to do to complete the process of a divorce. There is plenty of help available if you need any more advice.
You Can Contact Mancini Legal for Divorce and Legal Advice Here:
https://www.mybump2baby.com/wp-content/uploads/2020/08/How-to-get-a-divorce.png6301200Nadine Moaddelhttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngNadine Moaddel2021-07-06 13:55:052022-01-12 10:30:42How to Get a Divorce in the UK
Getting a divorce is a hard time for couples of any age, aside from it being emotionally challenging, you also have to sort out the costs too. At MyBump2Baby, we want to ensure that we provide people with valuable information about both the happy times and the hard times in life. This blog- ‘How Much Does a Divorce Cost in the UK?’- will answer questions such as “How Much Does a Divorce Cost?” and “what if we have to go to court?”
We would like to note that the price of your divorce is completely personal to your own needs and requests. Therefore, you should complete high levels of research before you make any commitments, so you can ensure that you are making the right decisions.
One important part of a divorce petition, that must be considered by couples, is the costs. A lot of people do not consider this and rightly so, if you are unhappy in your marriage, money is not likely to be your main priority of things to sort out. Divorces are often seen as being rather expensive and it is often the role of the person who files for the divorce to pay for it, however, there are options to split the cost.
The rules on divorce and its costs are different all over the world. The cost of a divorce in the UK can vary depending on the level of assistance you need and also the addition of children and property, which have to be dealt with separately.
Divorces occur when both partners agree to separate lawfully and terminate their marriage. When you apply and pay for a divorce, you are paying for the right to do this legally. There are a couple of options for separation and they each come with different costs attached, which are outlined below.
Legal Separation Costs in the UK
For some couples, legal separation is the chosen option, which means that you will remain married, but can live separately and make any decisions yourselves. This is an option for those who have been married for less than a year and cannot get a divorce. Legal separation costs £365. It is a one-off payment and there are no additional payments attached to it. However, if you do choose to have a divorce in the future, you will have to pay the standard £550 divorce application costs too.
Average Divorce Cost – How Much Does a Divorce Cost in the UK?
In comparison, a divorce costs at least £550, this is the cost to have your papers sent off and looked into. This is a one-off first payment, however, there are additional costs that must be factored in, such as any children and properties that are under joint ownership.
Divorce Mediation
Mediation is the process where families come together in a neutral location to try and come to an agreement around the divorce. This option does not require a solicitor, as the mediator that you choose will be there to advise you. A mediator will not tell you what to do, but they will try to ensure that everyone is treated fairly and is happy with the end result.
To have mediation, you will have to pay a fee of between £50 to £120, this is where your situation will be assessed and it will be decided whether or not your situation is suitable for mediation. It is common for couples to have a few sessions with a mediator, therefore the costs can range between £300 to £1500. This is a cheaper option than going to court.
Following mediation, if both partners are happy with the outcome and future arrangements for any children, a court hearing will not be necessary, which can save you a lot of money. Mediation is good for couples who know they can agree on the arrangements, which is not always the case for a lot of couples.
You can hire a divorce lawyer to help and advise you throughout the process of your divorce. Divorce solicitors will represent you in court if necessary and ensure that you are treated fairly throughout the divorce. For more information about the divorce process in the UK, you can read the article: How to Divorce in the UK
Family law solicitors are also an option, who will offer support for families getting through the challenging time of a divorce. A lot of the time when couples have children, one of their biggest worries is delivering the news of a divorce to them. They will have to sit down and explain the situation to them, which can be daunting regardless of their age. As well as this, parents will have to ensure that they can support their children financially without their joint income. Child maintenance will be considered in court to ensure that the children are supported following the divorce.
How Much do Divorce Solicitors Cost?
The price of a divorce solicitor is highly dependent on your personal situation. Some solicitors are paid by the hour and some offer a fixed price that won’t change regardless of how much of their time you take up.
It is worth noting that if only one partner wants a divorce, the cost of a divorce solicitor is likely to be higher in comparison to both partners requesting a divorce.
Sometimes a financial settlement is used, this is basically what is used to settle all financial areas of a marriage and it means the cost of a divorce solicitor increases. This is because they will represent you to ensure that you get the money that you are rightly entitled to. The cost of a financial settlement ranges from £500 to £1500, depending on the assets.
How Much Does a Divorce Cost if it Goes to Court?
If you cannot reach an agreement privately with your solicitor, you will have to go to court. As well as the £550 fee that you paid to apply for your divorce, you will have to pay court fees, these court fees are currently £255. On top of this, if you choose to have a solicitor represent you in court, you will expect to be paying thousands on top of these fees. A divorce solicitor will ensure that you are listened to and represented in a professional way in front of the court. They will advise you on the best ways to deal with child custody and other areas of your divorce process.
It goes without saying that if your divorce cannot be settled quickly in court, the cost of your solicitor will rise. However, they will make sure that you are looked after and receive all the support that you require.
If you are on a low income, there may be options for you to have a discounted fee in court, but this will not apply to your solicitor fees. It is definitely worth looking into your options to make sure you aren’t struggling with the price of your divorce.
Child Maintenance
If you have children involved in your divorce, you will have to make arrangements for child maintenance. Child maintenance is paid to the parent who has custody of the children. There is no set amount for payments, it is purely decided on income. The other parent can choose to give more money if they are able to. They must organise a payment date between themselves that must be adhered to.
Child maintenance is paid to ensure that children are supported after a divorce. It might pay for food, school uniforms and other things. The amount will be agreed upon in court and any future changes will be sorted between the parents of the children. The amount will also be dependent on how many children the couple have together.
So, Is Getting a Divorce Expensive?
The truth is, no one can say how expensive getting a divorce is, because it depends on your personal situation as well as the divorce route that you choose to take. If you have children and property to deal with, this can play a huge role in increasing the price of your divorce.
There are definitely some options that are cheaper than others, but you must remember that these options often don’t come with any extra support for you or your family, which can be really beneficial throughout these challenging times.
We would recommend choosing a route together with your partner if possible and ensuring that you are prepared for the financial side of a divorce. You need to make sure that the option you choose will work for you and your partner and will cause as little disruption to you children as possible.
How Can We Help?
Our directory is full of trusted family law solicitors around the UK, they work hard to represent people in court through divorces and other challenging times. Our family law solicitors offer high-quality legal advice.
Through our website, you can find your local family law solicitors, who can help you through these tough times. Find yours here.
We hope this blog is useful for you and tells you a bit more information about the costs of a divorce in the UK. We are proud that we can share this information as well as offer support to those who need it. If you are struggling with the process and costs of a divorce, there is help available.
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/08/Is-getting-a-divorce-expensive_.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2021-07-06 13:36:282022-01-12 10:50:33How Much Does a Divorce Cost in the UK?
At MyBump2Baby, we feel that it’s our responsibility to not only focus on the happy areas of life but also the challenging times that unfortunately, families can experience.
Getting a divorce is a challenging time for families, we’ve written this blog ‘Divorcing with Kids – How to Tell Children About Divorce’ and we hope it provides parents with some advice around dealing with a divorce. You can find your nearest family law solicitor on our website www.mybump2baby.com/familyprotectionlegal
How do you tell your child you’re getting a divorce?
Getting a divorce is a tough time for all of the family, one of the hardest parts is talking to your children about divorce. For a child, hearing that your parents are separating is really tough at any age, but there are ways that you can make the conversation a bit easier for everyone involved.
Hearing of a divorce is life-changing information for kids that is likely to take time for them to come to terms with. As long as you support them and try to remain strong, you can deal with this experience in a positive way. Always remember that you are allowed to feel upset too, do not neglect and ignore your own emotions.
Talking to children about divorce
Before you sit down with your child to discuss your divorce, you need to think about the best way of delivering the news. Is your child likely to get upset and angry or will, they struggle to understand what your divorce means to them? You do not need to rush this conversation, it can happen whenever you feel prepared.
For some families, when a divorce is confirmed, separation comes with it, but for others, they feel comfortable continuing to share a home whilst the divorce is in progress. You will need to have made your decision about this before you speak to your child, so you can tell them straight away. Be aware that they may feel other emotions should you say you are separating too. This decision is solely up to you and what you think is best for your family. It is better for your child to live in a happier environment with one parent than an unhappy environment with both parents.
One way to help prevent your child from feeling as if they have to take sides is to have the conversation together, as a family. Both parents can try to explain the situation together, showing a united front and making it clear that you will support your child through the divorce.
Within this conversation between parents and child, you must ensure that you do not try to sway your child to protect either parent. Children do not want to feel pressured into trying to support one parent through a divorce- it is important to tell the child, that the child’s relationship with each parent will not be affected and that both parents still love them the same.
We recently recorded a video on Finances on Divorce with expert Nadine Moaddel
Children’s feelings and divorce
When parents split, it can feel as though your child’s life has been turned upside down. When some children are told about their parents divorcing, they want to understand why, this can lead to them asking lots of questions. On the other hand, some children may choose to stay quiet while they process the information. The best option for you is to try to answer any questions in a calm and collected way and explain to your child that you are willing to talk to them about it whenever they want to. As a parent, this is obviously very difficult for you, if you don’t know the answer to a question or you simply don’t want to answer, that’s OK, tell your child that you’re not ready to answer that. On occasions, children may even have feelings of guilt, or blame themselves for the divorce. It is important that you reassure children and inform them that it isn’t their fault. Supporting your children should be your number one priority during this time.
At a young age, children often find it hard to understand separation and divorce, but you should remember that while it’s good to explain these things, some parts will be better left unsaid. Try to avoid speaking badly of your spouse, as it may make your child feel resentment towards you and they may not feel comfortable or want to chat with you in the future. This is definitely something you want to avoid.
Think about how you feel about your divorce, you must try to understand that your child is going to be upset and it will most likely be up to you to comfort them. You can comfort them by telling them that it’s OK to be upset and by encouraging them to share their emotions with you.
What is the Worst Age For Divorce For Children?
When going through a divorce, the child’s age can play a large part in how the divorce will affect them. Children at around age 2 do not understand divorce on a cognitive level, but rather, on an emotional one. Children age 3 and above may struggle with the idea for divorce- with age 11 being the worst age for children for divorce.
Tips for Younger Children
It is understandable that younger children may struggle to grasp what’s going on when their parents divorce. In order to help them to understand the situation, it might be a good idea to introduce an activity such as drawing or painting whilst you talk. If your child is struggling to talk to you about it, why not suggest that they draw a picture to describe how they feel? That way, they can better explain their emotions when they talk you through what they’ve drawn. You can also repeat back what they’ve said to you, this will ensure that you fully understand them and also show them that you’re really listening. This alone will make them feel more comfortable asking you questions as they may arise.
The idea of divorced parents is a difficult one to grasp and can cause anxiety for many children. You may find that whilst you are going through a divorce, your school-age children have trouble sleeping- especially if there are new living arrangements- this is a common response when children go through a big family transition- like parental divorce.
You can find tips for how to help your child sleep during divorce here: https://www.ourfamilywizard.co.uk/blog/5-tips-helping-your-child-sleep-during-separation
Tips for Older Children
It may come as no surprise that older kids may cause you some challenging times when they learn about your divorce. Teenagers especially can find it hard to express their emotions and negative feelings and with their hormones, they are probably going through a hard time themselves. Whether they have questions immediately or not, make sure you tell them that you are there to support them whenever they need it.
Due to teenagers finding it hard to share emotions sometimes, it might be a good idea to not make the situation too serious when you’re explaining about your divorce. For example, why not suggest going for a walk with your older child, where they don’t have to face you or make direct eye contact (something we know teenagers can struggle with!). Make sure that you are putting your child in a situation where you know they will feel comfortable and don’t force them to ask questions, they will most likely ask what they want to know without the need for prompting.
Parent and Child Time
The best way to approach telling your child about your divorce is to think back to how you felt when you were their age and imagine how you would feel in this situation. Also consider things you liked to do when you were their age, whether it’s going shopping or relaxing in the garden, why not make some time to do these things with them.
Spending quality time with your children, as a family unit, if you can, is really important. If you feel more comfortable spending time with your kids alone, that’s OK, just try to make sure that they spend equal time with their other parent.
This will reduce them having an emotional bias towards one parent.
The Process
The process of getting a divorce is often not very fast, this is something else you will need to explain to your child. Perhaps after they have come to terms with the emotional side of things, you can sit down again to discuss the process of your divorce. It often takes between 4-6 months for a divorce to go through, but with money, children and property involved, it can take longer. These things are often dealt with separately. As details of your divorce are finalised, you should tell your children. It’s a really good idea to keep them updated at all times, as long as they are old enough to understand.
Encourage Normality for Your Child
Normality is quite important when it comes to divorce. Simple things such as the usual parent picking your child up from school still will be really good for your child. Obviously, every family’s situation is different and sometimes things aren’t as simple as they sound. If one parent usually cooks tea on one night of the week, you could try to ensure that you continue to do that. Simple things like that can make a big difference to your kids’ feelings.
After your Divorce
Following a divorce, parents tend to separate. This is another conversation that you will need to have with your child. It may be hard to have this conversation at the beginning because you may not have worked out all of the details. After going to court, you will have spoken and finalised the details on the custody of your child. This is where they will live permanently and also how often the other parent can see the child. Explaining custody to a child can be hard, telling them they may have to spend less time with one parent is not a nice conversation, but it needs to be discussed. In time, they will feel more at ease and both parents should try hard to make sure that the time they spend with their child is of good quality.
Help is Available
Do not be disheartened if your child does not react in the way that you expected and perhaps hoped. This is a really difficult time for everyone involved. Please be aware that there is help available for dealing with divorce as a family and also for talking to your children about divorce. Do not struggle on your own.
Watch our video on Finances on Divorce with expert Nadine Moaddel from Mancini Legal
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/08/How-do-you-tell-your-child-youre-getting-a-divorce_.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2021-07-06 13:14:582022-01-31 14:14:48Divorcing with Kids - How to Tell Children About Divorce
If you are thinking about divorce and would like more information about the costs of divorce, you can read the article: How Much Does a Divorce Cost
What is mediation?
Mediation is a way of resolving financial matters arising from the breakdown of a relationship without the need to attend Court.
The process is entirely voluntary and whilst you do not have to attend you are required to at least consider it.
How does it work?
The initial contact with a mediator is a MIAM (Mediation Information and Assessment meeting). This meeting is an opportunity for the mediator to explain the mediation process and advise whether they consider mediation is appropriate in your circumstances. If you do not attend a MIAM you will be prevented from making an application to Court for financial remedy. The theory behind this rule is that many cases do not need to be heard in Court, and most couples find they can successfully reach agreement regarding division of assets with the assistance of a trained family mediator.
The Courts consider many factors when determining financial settlement, one of which is the conduct of the parties. If you refuse to engage in mediation without good reason the Courts may impose a cost penalty therefore it is important to show that you have acted reasonably and attempted to resolve matters via alternative forms of dispute resolution before bringing the matter to Court.
Mediation is not relationship counselling and the mediator will not provide legal advice. Their role is to assist separating couples to identify the issues and explain the options available in law.
Mediators are usually trained family lawyers with an excellent knowledge of matrimonial law and provide a safe environment for couples to air their concerns and reach agreement.
Mediation is definitely worth considering as it is generally quicker, cheaper and less stressful than going to Court. Most couples who reach agreement in mediation feel they have done so on their own terms rather than handing over control to a Judge who of course could reach a decision neither party is happy with.
Are there any exemptions from attending family mediation?
There are a number of exemptions from the requirement to attend a MIAM, these include:
· Where there is a history of domestic violence in the relationship;
· Where one of the parties live abroad or there are no family mediators within a 15 mile radius however, this exemption is less likely to apply where it is possible to conduct mediation online;
· If you do not know where your spouse lives and have taken all reasonable steps to locate them.
Next steps
Once you have attended a MIAM, and the mediator has advised that mediation is appropriate you will be invited to attend mediation sessions. Each party will be required to pay the mediator for the sessions. It is common for many couples to reach agreement within 3-4 sessions. If it is possible for the parties to reach agreement the mediator will draw up a document called a memorandum of understanding which is essentially a record of the agreement but is not legally binding. Your family lawyer can incorporate the terms recorded in the memorandum of understanding into a consent order which will then be signed by both parties and filed at Court to make it legally binding.
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2021/03/divorce-mediation.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2021-05-25 09:58:572021-12-20 15:43:53Do I have to attend Mediation in relation to financial matters arising from divorce?
At MyBump2Baby we are passionate about providing families with information on divorce and separation and we are proud to link growing families with family law solicitors throughout the UK. Rayden Solicitors is one of our chosen family law solicitors.
Today we have an article from our expert Nicola Meldrum from Rayden Solicitors. Nicola provides us with an excellent article on the commonly asked question “how does divorce affect childrens education?”
If you are a parent considering divorce, and want more information about the divorce process, you can read the article: How to Get a Divorce in the UK.
Until it came to deciding what school I wanted to send my daughter to, I naively thought it would be a simple process and I actually looked forward to noseying around my local schools. I thought the answer of whether it was the “right” school for my daughter would just jump out at me and would be a simple yes or no – oh how I could be so wrong! The reality was that I spent many hours agonising over which school would be the best fit for her.
Children’s Education when separated or divorced
In some family situations the agonising decision as to which school your child should attend is made even more difficult when you are separated or divorced and you simply cannot agreeon what school your child should go to. So what can you do in this scenario?
First of all it is important to know that all persons holding parental responsibility (for ease I shall refer to such persons as the parents) have to agree on where the child shall be educated and if there is no agreement, it is open to either parent to apply to the Court to make the decision for them. This is known as an application for a Specific Issue Order.
What does parental responsibility mean?
The Children Act 1989 defines parental responsibility as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
Who has parental responsibility?
A mother automatically holds parental responsibility in respect of their child. If the parents were married at the time of the child’s birth, the father will have parental responsibility. If the parents were not married at the time of the birth, but the father’s name is on the birth certificate and the child was born after 1 December 2003, then the father will have parental responsibility.
Can a Father get parental responsibility?
If a father’s name is not on the birth certificate, he can acquire parental responsibility by entering into a parental responsibility agreement with the mother or by gettinga parental responsibility order from the Court.
What is a Specific Issue Order?
The Court has the power to determine issues in dispute in respect of children, such as names,education, whether they should receive medical treatment etc and this is referred to as a Specific Issue Order. Not all parents can agree such issues between them, and therefore they need assistance from the Court.
When children are in school or in an educational setting such as a nursery, you need the other parent’s consent (if they have parental responsibility) to remove the child from their school/nursery and enrol them into another.
The key point to take away is that you should not take unilateral steps to enrol your child into a school/nursery without the other parent’s consent. The likely consequence of you taking such action is that the other parent will apply to the Court for a Prohibited Steps Order to stop you from sending the child to a school/nursery which they do not agree to. This would result in urgent proceedings and most likely criticism of you for taking such steps without the other parent’s consent.
What to consider when applying for a Specific Issue Order
The key to Specific Issue applications is preparation, so you can demonstrate to the Court that you have genuine reasons for seeking the decision you want the Court to make. Looking at the issue of education and specifically schools, you may want to consider the following:
You need to have real reasons as to why you want to change schools / why you want your child to attend a specific school.
How is the school ranked by Ofsted? How does this compare to the child’s current school?
What facilities does the school have and how would such facilities best meet the needs of your child?
The location of the school and the travel time to and from the school?
What after school clubs are on offer / wrap around care and how does this compare to your child’s current school?
Are there spaces available for your child in your school of choice?
If it is a fee paying school, how will the fees be met?
The above list is not exhaustive, but they are key things you should consider when you want to change your child’s school and the other parent does not agree.
When making a decision as to what school the child should attend, the Court looks at what is in the best interests of the child and in particular looks at the welfare checklist which is defined in the Children Act 1989 as follows:
a. the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
b. his physical, emotional and educational needs;
c. the likely effect on him of any change in his circumstances;
d. his age, sex, background and any characteristics of his which the Court considers relevant;
e. any harm which he has suffered or is at risk of suffering;
f. how capable each of his parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting his needs;
g. the range of powers available to the Court under the Children Act in the proceedings in question.
Rayden Solicitors are family law specialists who can assist in relation to all aspects of family law. If you require legal advice about any of the issues raised in this blog, please do not hesitate to contact us.
MyBump2Baby asked their audience about how separation and parental divorce affected their childrens education, here is what they had to say
Gemma, Wellington “Your article how does divorce affect childrens education would have been really useful for me, i was so worried about the effects of divorce that i did stay with my abusive partner far too long just so I could get both children in to the school that would be best for them. My children have actually improved self esteem since my ex and i split up as he was a bully and looking back
Sarah, Lancashire “my partner and I split before my son went to primary school and he was not named on my sons birth certificate as he was barely present whilst I brought him up. When it came to choosing the school that was right for my son and me (it was round the corner from work so meant I could still work the same hours) he decided he wanted him to go to a different school. Of course, we didn’t see eye to eye and he went for a parental responsibility order. Eventually after lots of research both he and I decided the school we orginally picked was best for our sons educational needs but if it hadn’t have been I would have been stuck”
Jennie, Loughborough “my husband and i got a divorce just before my 2 children applied for their high school completion. My twin boys knew where they wanted to go which made things a little easier the only problem was they wanted to go to different schools. Both boys are very different with one suffering from low self esteem and the other extememely confident with academic achievements. I was happy with the boys to choose which high school they felt was best for them but my ex husband was a lot more adament that they went to the same school and he has put the education of children as a priorty for many years. The impact of the divorce meant that my ex husband and i struggled to see eye to eye on anything let alone our childrens education. My main aim was to have 2 happy boys that enjoyed school wherever that may be whereas my educational success was my ex husbands main focus and he felt that althought he boys were different, they should both go to the same school, attend college, go to uni like he did. The impact of divorce really affected one of the boys and this had negative effects on his school work, i did real that some children whose parents divorce can affect a childs wellbeing and self esteem, obviously this was no reason to remain married parents, we decided to sit down with family relations officer at the school and have a chat about schools and the reasons why our children wanted to go to these schools.”
Nicola Meldrum
Nicola Meldrum joined Rayden Solicitors in 2016 and has a wealth of experience in all areas of private family law. She has particular expertise in dealing with arrangements for children following the breakdown of a relationship, for example disputes as to where a child will live and how much time a child will spend with a parent. Nicola has also been involved in a number of children cases with an international dimension.
At MyBump2Baby, we are proud to work with family law solicitors and financial advisors throughout the UK. Today we have an expert article featuring Judith Higson – our family law solicitor in Glasgow. Judith explains how to get a divorce in Scotland and what to expect in your first divorce meeting. If you are not located in Scotland specifically, we have an article on how to get a divorce in the UK. If you would like more information about the costs of divorce, you can read the article: How Much Does a Divorce Cost. We recorded a podcast with Judith at Scullion law on how to get a divorce in Scotland, you can listen to it here.
Hello, I am Judith Higson, Executive Director at Scullion LAW, Accredited Family Law and Child Law specialist, Accredited Mediator, Collaborative Lawyer with over 17 years’ experience and Head of the Family Law Department at Scullion LAW.
We are an Award-winning Legal 500 firm with offices in Glasgow and Hamilton.
Scullion LAW, established in 1979 have an experienced Family Law team consisting of me, Judith Higson Executive Director, Laura Cousins (Trainee) and Liz Semple (Legal Secretary).
Throughout lockdown, we have found ourselves busier than ever with enquiries about separation and divorce coming in every day.
In this article, I outline what to expect from your first meeting with us about your separation and divorce and I also explain how to get a Divorce in Scotland.
Please note that at the moment, due to the global pandemic, we are using WhatsApp, Facetime & Zoom. I am sure we can accommodate any other platform which best suits your needs and makes you feel most comfortable. Please just ask.
Firstly, let’s clarify the difference between separation and divorce in Scotland.
Separation happens when you are no longer living together as husband and wife.
Divorce is an order granted by the Court which extinguishes all financial claims which can be made as a result of the Separation.
How to divorce in Scotland?What should I expect from my first meeting?
These are frequently asked questions so, we thought it would be helpful to let you know what you should expect when you book a first meeting with one of our friendly family lawyers at Scullion LAW to discuss the separation and divorce process in Scots Law.
We appreciate that this may be the first time you have ever met with a lawyer and we understand that there might be a lot of built-up emotion, anxiety, uncertainty, confusion and perhaps also some relief. Don’t worry. We are here to help you.
You are in safe hands. Trust in us.
We’re here to support you and guide you through the process. Our ordinary procedure is to ask you some questions (outlined below), take the time to listen to you and then advise accordingly. The initial meeting should last around an hour.
We will confirm the date and time of the meeting with you by email. Before our meeting, you will be asked to provide 2 forms of identification. A photo ID can be a photo or scan of your passport or driving licence. You will also be asked to provide proof of your address by way of a utility bill or bank statement issued in the last 3 months. You will be asked to email these in advance of the first meeting to a member of our team. Please also have them at the video meeting to hold up to the camera.
One of the first things we will do during the meeting is confirmed some of your personal details, the usual things you would expect, such as your name, your address, if you have lived at your address for less than 5 years and if not, what your previous address was, your contact number, email address and your date of birth. We will ask you if you have been advised of the option of mediation and if you haven’t we will explain that to you.
We will ask you to provide the name and address of your spouse/civil partner/ex-partner/former cohabitant and the names and dates of birth of your children. We will ask you to confirm if there are any court dates fixed. One of the other things we will ask you is whether or not you are an existing client of ours and if not, how you have come to choose us.
Details of your relationship
If you are married, we will ask you the date and place of your marriage. If you have been living with somebody, we will ask you how long you have been living together. We will ask you if you already have a Separation Agreement and whether or not your spouse/civil partner/ex-partner/former cohabitant has legal representation and if so, if you know of the firm that they have instructed
Are there any children in the relationship?
We will then go on to talk about any children of the relationship, either natural children or adopted children. We will ask you if any of the children have any vulnerabilities or any disabilities and ask you to describe to us the details of the care arrangements for the children, who they are living with, and how often they see the parent that they are not living with. We will talk about any difficulties there might be about those arrangements.
We will be clear with our advice. The court expect parents to share responsibility of their children and parents have a duty to talk to each other, and make every effort to agree about how they will raise their children. The best interests of any kids involved should always come first. Even when you separate, that responsibility continues. Have a look at our website for more information: https://scullionlaw.com/what-the-family-courts-expect-from-parents/
We will discuss the welfare of the children with you and listen as you share what you consider to be in their best interests.
Date of Separation.
In law, the date of your separation is the date you are no longer living together.
It is an important date whether you are married, in a civil partnership or has been cohabiting. Taking marriage, first of all, we will look at the date of separation because of all of the matrimonial property is usually valued at that date. I will come on to talk about matrimonial property in a moment.
When you have been cohabiting and you separate, you have to make any financial claims arising from the separation within 12 months from the date of the separation and so it is really important to identify the date of separation at the very beginning.
Getting to know you and understanding the personal details of your relationship.
In order for us to get the clearest picture surrounding the date of separation, we may have to ask you some personal details such as were you sleeping in the same bed, were you having sexual relations, were you socialising together, were you doing each other’s laundry, were you eating together, cooking together, what do friends and family understand to be the case. Sometimes the date of separation is clear, sometimes it is less clear and that is something we will ask you about early on in our first meeting.
We will also ask you if there have been any periods when you have got back together since the date of separation because there are some rules around how long you can get back together for before the date of separation is displaced.
We’ll explore all of that with you in our meeting.
If you are just exploring your options and considering a divorce
Don’t worry. You decide on the next steps to take and when to take them. We can help you look at your options if all you need is some advice around what can happen if you decide to move forward. We don’t do anything until you have asked us to.
We understand that our clients are often facing a challenging time in their lives so we have partnered up with the best coaches and therapists around to offer all our new clients a free no obligation introductory call with a coach or therapist. Please let me know during the meeting if you are interested in this.
Matrimonial property
When we look at a separation involving a married couple or civil partners, the law provides that the met matrimonial property is shared fairly between the parties.
The matrimonial property consists of all of the assets and liabilities which have been acquired by either or both of the parties during the marriage and which exist as at the date of separation. Fair usually means equal but there are special circumstances which might be put forward by one person, one party, to argue for an unequal split.
We will run through the most common of these with you. For example, is there a Pre-Nuptial or other Agreement regulating the division of any of property on separation? Is any of the property used in connection with the running of a business? Have either or one of you destroyed or gotten rid of any matrimonial property? Finally, if one of you has contributed more than the other when an asset has been acquired, then that’s something which can be taken into account in the overall division. For example, if one of you put a larger deposit down on the house or if you invested your inheritance into the property.
What about gifts or inheritance?
Gifts or inheritances are not part of the matrimonial pot but if funds from a gift or inheritance have been used to acquire an asset during the marriage whilst the asset becomes part of the pot we can argue that the value of it should be excluded because of where the funds came from. This is something we will discuss with you in more detail if it applies.
If you need more information about Pre-Nuptial Agreements and minutes of agreement please click on the hyperlink above or email [email protected] with any questions you may have.
Cohabiting couples.
When it comes to people who have been living together (cohabiting) and separating, any financial claims being insisted on require to be made within 12 months of the date of separation.
Simply put, claims can be made on the basis of 2 things.
If one of you has the economic burden of childcare for any children of the relationship or
if one party has been economically disadvantaged and the other party economically advantaged and there’s no offsetting of that disadvantage
The 12 months tick away pretty quickly. We will usually attempt to reach a negotiated settlement for you but it may be necessary to raise court proceedings to protect your claims if a settlement has not been reached by around 9 months or so since you separated to ensure there’s plenty of time to raise the court action needed. Generally speaking, the law for cohabitants is pretty uncertain and claims on separation are much more limited than for spouses. What the law tends to do is compare your financial position at the beginning of a relationship to the financial position at the end of the relationship. If there has been any overall economic disadvantage that’s not offset by any economic advantage, then the court can order a compensatory payment to you.
Assets/Liabilities and other property
We will ask you about the property that you have in joint names or in each of your sole names, be that a home or rental property, bank accounts, savings, investments,. details of any companies owned by either of you and whether or not you each have pensions. Whilst married couples who are separating have clearly defined claims upon the value of any pensions accrued during the marriage, the position is less clear for cohabitants however these assets can still form part of the overall financial picture.
We will also look at cars and debts, loans, car finance agreements and any other property that you or your partner own in your sole names or in joint names.
Married/ Civil partnerships/ child maintenance
When you have been married or in a civil partnership, there are various matters that the court can take into account when dividing matrimonial property.
We will consider with you whether or not one person has been economically disadvantaged, for instance, if a wife has given up a career to look after children and/or whether one of you will have the economic burden of child care.
The economic burden of childcare can be offset by the payment of child maintenance and we will discuss with you whether or not child maintenance is being paid. The minimum payment required for the payment with whom the children do not reside is calculated with reference to the Child Maintenance Service calculator.
Spousal aliment
When you are married and then separate, there is an obligation which can arise between the spouses for the payment of spousal aliment. Spousal aliment is a regular payment from one spouse to the other to cover day to day living expenses.
The obligation to pay spousal aliment ends on divorce and the amount to be paid depends on each party’s needs and resources.
During the first meeting we will look to identify with you if this is something we need to look at in more detail.
Periodical Allowance
A periodical allowance is a payment post-divorce for usually of maximum of 3 years to allow the spouse who was financially dependent on the other spouse during the marriage, to adjust to their new financial circumstances. If you are married, we will look at you and your spouse’s incomes to consider whether or not we need to give you advice around a periodical allowance being included in the division of the matrimonial property.
A Separation Agreement.
The ultimate aim in any separation is to enter into a Separation Agreement which is the legally binding document which sets out the terms of your agreed settlement.
Once a settlement has been agreed the Separation Agreement is drafted. This is then sent to your ex-partner or their solicitor. Sometimes the document is revised until both parties are content with the terms.
The Separation Agreement is then signed by both parties and sent for registration to become as enforceable as a Court order. You will receive an Extract bound copy of the document.
It is better for you to have a solicitor prepare a Separation Agreement rather than doing this yourself as, once signed, the Separation Agreement is a legally binding document which has important legal consequences.
Disclosure of vouching
Where you are married, we will always recommend that you go through the process of full disclosure. What that means, is that we ask your spouse to disclose to us vouching showing the value of all of the matrimonial assets and liabilities in his or her name at the date of separation.
We will then guide you through the process of producing and disclosing to them the vouching for all of the assets and liabilities in your name as at the date of separation.
That process allows us to build a full picture of what your net matrimonial property looks like. We prepare a Schedule of Matrimonial Property and input the figures as the vouching comes to hand. We can give you firm advice around what a fair and reasonable settlement is going to look like.
What is the cheapest and most economical way to separate?
It is always open to you to agree with your spouse what you both consider to be a fair and reasonable settlement and all that would be required of us would be to draft the Separation Agreement which reflects that agreement. That’s the cheapest and most economical way of dealing with your separation but the downside is we will never be able to give you advice on whether or not that settlement is fair and reasonable.
How long does the separation/ divorce process take?
Some separations and some divorces can be resolved within a matter of months, others take longer. Much will depend on the complexity of your case and how co-operative your ex-partner is going to be. A simplified divorce procedure is much faster than an ordinary divorce procedure. You can read about the ordinary and simplified procedure here.
If an agreed settlement cannot be reached by negotiation then, unfortunately, you could have to go to Court for a decision on how each of your financial claims should be dealt with. An alternative to going to court such as mediation and collaboration would be discussed with you.
Applying for Divorce
Where you are married and once you have a Separation Agreement, the divorce itself just becomes a paperwork exercise and nobody needs to go to court. If there are children under the age of 16, the divorce proceeds by way of a Writ and sworn statements. If there are no children under 16 the divorce can proceed by way of a form filling exercise called a Simplified Divorce.
Once you have been separated for a year and your spouse consents, you can apply for a divorce. Once you have been separated for 2 years, you can apply for a divorce without your spouse’s consent. We don’t generally recommend to any clients that they proceed to seek divorce on fault based grounds, such as if your partner committed adultery or unreasonable behaviour, as it creates unnecessary expense and the divorce is likely to take longer.
If you try to seek a Divorce without first at least attempting to ensure that all financial claims have been settled this can increase the cost and take longer.
How much will a Separation Agreement/Divorce cost?
Going down the process of fully disclosing all vouching can cost between £2,000 to £5,000 plus VAT so it is a more expensive process and does take longer but without it we cannot advise on the fairness and reasonableness of any settlement as we do not have the full picture; it depends on whether you ae using the simplified or ordinary procedure and whether the application is lodged in the sheriff court.
The drafting and/or revising of the Separation Agreement can cost £1,500 to £2,500 plus VAT depending on the complexity of the agreement.
Where there are no (outstanding) financial matters or child-related matters to be resolved and no children under 16 years of age – we have 3 different levels of service for you to choose from, as detailed below:-
Director Service – £1,000 + VAT + outlays detailed below
Our Family Law Executive Director, Judith Higson, will be your main point of contact, subject to annual leave commitments, and will carry out the required work herself as quickly as possible with the least amount of delay, subject of course to civil court procedure.
Team Service – £750 + VAT + outlays detailed below
The work will be carried out by another member of the Family team and the Divorce will be applied for as quickly as possible subject to other urgent matters taking priority and subject, of course, to civil court procedure.
Low-Level Service – £350 + VAT + outlays detailed below
The work will be carried out by another member of the Family team and the Divorce will be applied for without any degree of urgency.
Outlays in relation to Simplified Divorce procedure
£125 – submitting an application to the Court
£13 – admin fee to the Court for instructing Sheriff Officers to personally serve the papers
£200 (approximately) – to cover the Sheriff Officer’s fee for service
You can apply for a Simplified Divorce on your own by downloading and completing the appropriate form from the Scottish Courts website.
Undefended Divorce by Affidavits
Where there are no financial or child-related matters to be resolved and there are children under 16 years of age, we have 3 different levels of service for you to choose from, as detailed below:-
Director Service – £5,000 + VAT + outlays detailed below
Our Family Law Executive Director, Judith Higson, will be your main point of contact, subject to annual leave commitments, and will carry out the required work herself as quickly as possible with the least amount of delay, subject of course to civil court procedure.
Team Service – £3,000 + VAT + outlays detailed below
The work will be carried out by another member of the Family team and the Divorce will be applied for as quickly as possible subject to other urgent matters taking priority and subject, of course, to civil court procedure.
The work will be carried out by another member of the Family team and the Divorce will be applied for without any degree of urgency.
Outlays in relation to Undefended Action of Divorce by Affidavits
£156 – lodging Initial Writ with the court
£69 – to lodge affidavits with the court
£200 (approximately) – Sheriff Officer’s fee for service of papers
It generally takes around 3 months to obtain the Divorce but things are moving slower than usual due to the global pandemic and the impact this has had on the Scottish Courts.
I hope this has given you a bit of a picture as to what to expect from a first meeting when you come to us seeking advice in relation to your separation and given you an idea how Separation and Divorce is dealt with in Scotland.
Contact us
Please feel free to contact us if you have any questions. You can trust in Scullion LAW, email [email protected] or call our team on 0141 374 2121. You can also connect with us on LinkedIn, Instagram, twitter and Facebook and send us a private message at any time. We are here to help you. Visit our website www.scullionlaw.com to book an appointment with our expert divorce lawyers today.
We at Scullion LAW love to stay connected. Please like and follow us on linkedin,Instagram, facebook and twitter. Kindly share this article with your network and get in touch with us if there is anything more we can help you with.
At Mybump2baby we are passionate about supporting families by connecting them with trusted solicitors throughout the UK. If your family is interested in seeking legal advice, or if they are looking into separation with consent, separation without consent or they are looking to start divorce proceedings our trusted solicitors are here to help.
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/11/how-to-get-a-divorce-in-scotland.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-11-29 17:37:542022-01-24 16:01:47How to Get a Divorce, Scotland - Everything You Need to Know
At MyBump2Baby we work with family law solicitors throughout the UK, today we have an expert article from Mogers Drewitt in Sherborne.
This article is about contact with grandchildren following divorce and separation.
For most, memories of spending time with their grandparents will be fond and cherished ones and vice versa. For many working couples, grandparents also provide valuable child care support for their grandchildren. It is not uncommon, within families, that grandparents play a valuable role in their grandchildren’s lives. However, when a couple decides to separate, the focus tends to be on when each of the parents will spend time with the children and the relationship between grandparents and grandchildren is often forgotten.
In an amicable separation, the grandparents may be able to liaise with one or both parents to ensure the relationship is maintained, however, this is not always possible. Family Solicitor, Victoria Cobham explores the options available to grandparents wanting to maintain a relationship with their grandchildren when parents divorce or separate.
What Rights Do Grandparents Have To See Their Grandchildren?
Unlike the children’s parents, grandparents rights to see grandchildren are not automatically granted, and parental responsibility of the children is not automatically granted to the grandparents. Grandparents seeking to establish or maintain contact with their grandchildren following a separation have two options open to them.
Agreement with parents
An application to the court for a Child Arrangements Order.
Try and Come to an Agreement with the Parents
The first step should always be to try and open up a dialogue with the parents to try and agree on arrangements. There are a number of ways that you can open the lines of communication be that writing a letter, or attending a roundtable meeting or mediation. A family mediator can help to solve any disagreements or family disputes between the two parties or family members and help them to come to an agreement.
If an agreement is reached, whilst not binding, this can be recorded in correspondence or part of a parenting plan.
Child Arrangements Order
If an agreement can’t be reached then a court application for a Child Arrangements Order may be required. A Child Arrangements Order sets out with whom a child should live and spend time.
For grandparents, this is often a 2-stage process, as they will usually need to request permission from the court to make an application for a Child Arrangements Order.
The family courts have a very strict set of criteria that grandparents need to meet before allowing automatic applications and so for the majority permission to apply is required.
Stage 1 – Requesting permission to apply for a Child Arrangements Order
When reaching the decision as to whether to grant permission to be able to apply for a Child Arrangements Order, the court will consider the following factors:-
the nature of the application i.e., what Order(s) you are asking the court to make;
the applicant’s (in this case grandparents) connection with the children;
any risk that the proposed application will disrupt the child’s life to an extent that they are harmed by it.
Please note there are additional considerations if grandchildren are in the care of the Local Authority.
Stage 2 – Applying for a Child Arrangements Order – Children and Family Court Advisory and Support Service (CAFCASS)
If permission to apply is granted the court will set a date for a hearing but this process may involve two or more court hearings. Family court is usually the last option, as it can be both emotionally draining and expensive for all of the fees (including a family lawyer). To make this process easier to manage financially, you should ask for fixed fees at each stage of the process.
The court may appoint a CAFCASS officer (court-appointed social worker) to speak/meet with all the parties and the grandchildren and report back to the court.
In making a decision about whether a Child Arrangements Order should be made, the most important consideration is the welfare of any child(ren). The court has a checklist of things that must be taken into account when considering a child’s welfare which includes:-
The wishes and feelings of the child taking into account their age;
The child’s physical, emotional and educational needs;
The likely effect of a change in circumstances;
The child’s age, sex, background and any relevant characteristics;
Any harm or risk of harm to the child;
The ability to meet the child’s needs.
Contact Us for Professional Legal Advice
If you are a grandparent and concerned about maintaining a relationship with your grandchildren following a divorce or separation, please contact Victoria Cobham on 01749 342323 or email [email protected] we can consider your individual circumstances and advise you on the correct legal process.
Mogers Drewett are authorised and regulated by the Solicitors Regulation Authority. All Partners of Mogers Drewett are solicitors, qualified to practice in England and Wales.
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/10/Contact-with-your-grandchild-following-divorce.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-10-27 11:11:162022-01-27 15:44:45How To Apply For Grandparents Rights
At MyBump2Baby, we are proud to work with family law solicitors throughout the UK. Today we have an article from Scullion Law our family law solicitors in Glasgow. This article is called the value of Instagram accounts.
The value of Instagram Accounts and Family Law
This week Judith Higson and Laura Cousins from Scullion LAW explore the value of Instagram Accounts and Family Law. With lots of rising Scottish Influencers in our midst it is important to discuss whether or not Instagram accounts could/ should be considered matrimonial property.
What is an influencer?
An influencer is someone who gets paid to endorse and review products because they have the power to influence the purchasing decisions of others. It is more than just posting a photo. An individual becomes an influencer when they gain the credibility, authority, and knowledge in a distinct area and actively engage with followers (their audience) via social media platforms like Instagram, Facebook, Twitter, and You Tube.
The size of an individual’s following can vary. Kim Kardashian for example has 162 million followers, she is very powerful. Kylie Jenner has 165 million and recently became a billionaire influencer. The Duke and Duchess of Sussex by comparison have over 11.2 million followers but they do not presently earn money from endorsing certain products, whilst on our doorstep we have the likes of Jamie Genevieve, a local make-up artist originally from Tillicoultry with over a million followers, she regularly works with large brands like Dior and jets off to luxury locations to film make up vlogs and tutorials. Again Emily Shak a Scottish Lebanese model living in Glasgow with paid partnerships with the likes of Boohoo has over a million followers. Ex Love Islander Molly Mae Hague has 3.8 million followers, she is an ambassador for Prettylittlething and Maura Higgins has over 2.8 million followers. She too is a brand ambassador for Boohoo.
In a recent survey when young kids were asked what they wanted to be when they grew up a large percentage said they wanted to be an influencer. Social media influencers have changed the marketing industry in recent years with brands pouring millions of pounds into collaborations and the trend is expected to rise.
A lot of companies collaborate with influencers as social relationship assets to help them achieve their marketing objectives and for some people, being an influencer is a full time job which gives them financial freedom.
We wanted to explore the value of Instagram Accounts in Family Law and in particular whether or not they can be considered matrimonial property.
When a married couple separate, the assets accumulated during the course of the relationship must be divided between the parties. These assets are known as matrimonial property. The law that applies is contained in the Family Law (Scotland) Act 1985.
Matrimonial property is defined in the legislation as all property that is acquired by the parties, either jointly or in their sole name, between the date of marriage and the date of separation. Gifts from third parties and inheritances are generally excluded from the definition of matrimonial property. In a typical separation, matrimonial property will comprise of assets such as a house, cars, bank accounts and pensions. Nowadays it can include an Instagram account too.
We are not talking about any old Instagram account of course. The account must generate an income for the account holder. Instagram influencer marketing has become a multi-million pound industry. Influencers all over the world have begun making a living from paid posts and collaborative marketing campaigns for top brands. It is important to remember that in the context of a separation, it is not the Instagram account that has monetary value. It is the business entity behind it…
Let’s consider the different types of business entities used by established Instagram entrepreneurs to manage their accounts.
The first is a private limited company.
If a spouse sets up a private limited company in order to manage their Instagram account, then it is the value of the shareholding in that company that would fall to be considered as matrimonial property in the event of a separation.
The second is a partnership.
If a spouse conducts their business via a partnership then, broadly speaking, the assets that are transferred to his or her Capital Account during the marriage will be matrimonial property.
The third is to practise as a sole trader.
If a spouse is a sole trader then the assets used in the course of his or her business will be caught by the legislation.
Case study of Jessica and James, high school sweethearts who have been married for 5 years and recently decided to separate.
Jessica is a successful, young, glamorous, make-up artist turned social media influencer in her mid-20s from Glasgow. She works part time in a beauty salon in town but is quickly becoming a rising star via Instagram with an audience of over 200,000 followers. She regularly films make-up tutorials and reviews cosmetics products online. This allows her to live a very comfortable life, with a steady stream of income. She always gets invited to VIP event launches and has recently agreed an opportunity to become an ambassador for STAR lashes. There are various product endorsement opportunities like this in the pipeline allowing her to live a very comfortable life without needing to return to work in the salon.
Jessica spoke to a financial advisor who encouraged her to set up a limited company to help her run her income-producing account more efficiently. She is the sole director and shareholder.
Her husband, James, is a PE teacher is in his late 20s. Gradually they have just grown apart and both wish to divorce.
How would Scots law treat Jessica’s business on separation?
If Jessica set up her successful business after the date of marriage, then it will come within the ambit of the Family Law (Scotland) Act 1985 and will be treated as matrimonial property.
The starting point in Scots law is that matrimonial property should be shared fairly.
Fairly usually means equally, unless there are special circumstances to justify a departure from equal division.
Do special circumstances apply on this occasion?
Arguably. Under the legislation we are directed to consider the use made of the matrimonial property and the extent to which it is reasonable for it to be divided.
Jessica’s livelihood depends upon her Instagram account. It is her talent at make-up, her affable personality, and the frequency and quality of her posts that keep her audience engaged and willing to part with their own hard-earned money. James has played no active role in cultivating or supporting his wife’s brand, and is unknown to her hundreds of thousands of followers. We think that Jessica could have strong arguments in favour of unequal division.
Imagine husband James plays an active role in helping Jessica to enhance her social media presence during the period of marriage.
He moonlights as her photographer and videographer. His job is to capture the all-important money shot. This requires technical expertise and creativity. It also requires valuable time. James is a natural. He knows how to use lighting in order to draw attention to his subject and is a deft hand at editing. The result is sleek, polished and professional. Jessica uploads the content to Instagram and is inundated with likes and comments. Followers, new and old, engage with the post and go on to purchase the beauty products being endorsed. Jessica is delighted, but is on a quest to broaden her appeal. Her next post has to be more interesting and more engaging than the last. Jessica wants her followers to really get to know her and decides that James should feature in her posts. The idea is a good one. Jessica’s followers take to James immediately. He is funny, articulate and warm. A couple of months ago, Jessica had 100,000 followers. She now has 300,000 followers and is making more money from her sponsored posts than ever before.
The position is less clear-cut than before.
As we already know, if the parties separate then the starting point in Scots Law is that matrimonial property should be shared fairly unless there are special circumstances to justify a different division. However, there are some cases in which the norm of equal sharing will be inappropriate for other reasons. In our imagined scenario above, James could argue that his non-financial contributions to Jessica’s business during the period of marriage have enhanced its value. James could argue that he has been economically disadvantaged in that he has invested time and effort into an income-producing asset for no return. Meanwhile, Jessica has been economically advantaged in that she has reaped the financial rewards of her husband’s unpaid labour and her business has grown three-fold.
If you are an influencer you can protect your assets going forward by… setting out in advance of any separation how property will be divided is by entering into a Pre-Nuptial Agreement before you marry or a Cohabitation Agreement if you are going to live together. A Post-Nuptial Agreement after your marriage is also possible.
Please speak to Judith or Laura who would be more than happy to help you get your legal affairs organised. Call us on 0141 374 2121 or email [email protected] . Offices in Hamilton, Saltmarket near to Merchant City and West End of Glasgow.
Next week we shall be speaking to Paul Black at Armstrong Watson about the hypothetical scenario above to get his thoughts on the value/ worth of the Instagram account in question.
Keep an eye on our blog, Linkedin, Facebook and Twitter channels @ScullionLAW to learn more and please tag a friend who may benefit from this article.
Thank you
#ScullionLAW
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/09/IMG_5985.jpg5771125Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-09-24 19:54:412021-12-20 15:17:09The value of Instagram Accounts and Family Law
At MyBump2Baby we are proud to work with trusted family law solicitors throughout the UK, today we have an article from our family law solicitors in Sherborne. Today Mogers Drewitt share an article about divorce and the different options available.
Divorce – DIY, Hybrid or Full Legal?
Whilst we are a society built on the service industry, the internet has made us all a bit more confident to have a go and DIY. Whether it is putting together furniture from Ikea or booking our own travel, the idea that we can save ourselves money is a big attraction.
But what about DIY (do it yourself) Divorce? Well, if you search online for ‘divorce’ it will not take long to find one for £100. But what do you actually get with a DIY Divorce?
In reality you get the forms and some basic instructions. It is £550 to issue divorce at court regardless of where you live and whether you are using a professional or DIY, so the £100 quote is meaningless. There are a few sites stating that you can get divorced and then think about a financial settlement but this could result in one party being financially disadvantaged. Divorce should be linked with a financial settlement, as there are items that can only pass freely between husband and wife prior to the decree absolute being made.
Hybrid Divorce
There are pitfalls of going it alone but that is not to say it is not the right choice for some. Alternatively a hybrid option could be the best solution, where you seek advice initially before going it alone. An initial consultation with a professional, who can understand your specific circumstances and then outline the various options available to you, would ensure you were more informed about the process ahead and therefore what direction is best for you want to take.
We understand how difficult making the decision to separate is, the impact this can have on you emotionally and that of your family is huge. To help our clients at this time and to understand the divorce process (UK) and its interplay with a financial settlement we are offer an initial fixed fee consultation.
During the consultation we will take you through the divorce process, evaluate your assets and provide you with possible outcomes. You will leave with information about the process, details as to what the court will and will not take into consideration when dividing up your assets and an indication of outcome.
If you are considering separating from your partner please get in touch today with our family team by calling 01935 813691 or email [email protected]. We are here to ensure you have all the information you need to make an informed choice about whether to DIY, hybrid or take the full legal advice option.
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/09/do-it-yourself-divorce.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-09-13 08:47:072022-09-12 10:23:34Divorce - DIY, Hybrid or Full Legal?
At MyBump2Baby we are proud to work with family law solicitors throughout the UK. Today we share an expert post from our Family Law Solicitors in Pickering – Crombie Wilkinson Solicitors . They answer a question many parents have when separating “How often will I see my children if we separate?”
A question often asked by parents going through separation is ‘What are the rules on contact with my children?’
The short answer is there are no “rules” in terms of defining a child arrangement contact pattern as every family is different and each case is judged on its own merits. Whether you are going to be the Resident parent (parent with who the children live for the majority) or the Non Resident parent the law is very clear on one thing and that is the involvement of both parents in the children lives is going to further their welfare unless there are significant welfare concerns. In plain English unless the other parent poses a risk of harm to the child, the child should be spending time with that parent.
The vast majority of parents will agree upon a sensible arrangement that ensures the children enjoy quality time with both parents but often disagreements will ensue. One parent feels they are being marginalised or simply don’t get to spend enough time with the children. If no agreement can be reached and ultimately the court is being asked to assist it will endeavour to reach an outcome that is in the best interests of the children.
Although there are no “rules” on what a particular contact pattern should be there are some broad concepts that the court will commonly adopt when there are no welfare concerns and it’s simply a case of the parents not being able to agree and they are as follows:
1. Each parent should be able to enjoy “quality contact” with the children and this generally means weekend time. The days of typically a father having the children every weekend are long gone. Alternate weekends is usually seen as the fairest way to ensure quality contact takes place
2. Alternate weekends alone are not satisfactory in that the children should not (if possible) go a fortnight without seeing the non resident parent. This means that there should really be some midweek contact also
3. When children are of school age the holiday periods should be shared evenly between the parents
4. When parents cannot agree on Christmas day and New Year’s day arrangements the court will commonly order for the arrangements to be alternated each year so that both parents have the opportunity to spend the special days with the children
What decisions do parents need to make when separating?
The first one is what type of separation they want. Children can be impacted dramatically by parental separation and as far as possible should be shielded from any acrimony. If Parents are able to have sensible and amicable discussions about their separation, great, that’s the starting point. If not, they may want to consider using 3rd parties such as Family or Friends to assist in having sensible discussions around the arrangements for the children, and if that isn’t an option professional 3rd party involvement such as a Collaborative Family Solicitor or Mediator. The main issue for most separating parents is the arrangements for the children, who will they live with, how often will they spend time with the other parent etc. Once they have determined those issues the other issues such as child maintenance, who is pay it and how much, falls into place as that’s governed by the child maintenance regime.
Who is entitled to the house if me and my partner separate?
A driving force in determining who should remain in the family home, if at all, is the needs of the children. The courts first consideration (if the couple are married) when looking at how to fairly distribute matrimonial assets is the welfare of any minor children. If one parent is to be the main carer of the children then their housing needs collectively may take priority over the other parent, but the aim of the court is to achieve fairness. Whilst it may be appropriate in some circumstances for one parent and the children to remain living in the family home, if it’s possible for both parents to start again, and buy suitable properties each for them and the children through a sale of the family home, that would be the desired outcome. If the parents are unmarried but own a home together (or one parent owns the home), similar considerations are made and if it’s not possible to buy new homes for both parents the court does have the power to order that the house is sold at a later stage (usually when the youngest child is 18 or finishing education) to allow usually the main carer to provide a suitable home for the children.
Where should the children live after separation?
Ideally with both parents. The Children Act 1989 presumes that a child’s welfare will be furthered by the involvement of both parents, the starting point being that a child should enjoy time with both their parents unless there are safeguarding reasons as to why that shouldn’t happen. There is no one size fits all and each family is different and each case is judged on its own merits, but there are some principles that are commonly followed in family courts up and down the country if parents cant agree on the arrangements for their children. Each parent is usually entitled to a clear weekend with their children so alternate weekend is generally a foundation that is built upon. The courts will also generally adopt an approach where school holiday periods are shared equally and special events such as Christmas day etc halved or alternated depending on the circumstances. If parents live close enough there is no reason why a shared care arrangement for regular weekly time couldn’t work well where children spend an equal amount of time with each parent, however, practically that doesn’t happen often due to working arrangements and other issues. In the vast majority of cases the children usually spend more time with one parent, even if that’s only a day more, for practical reasons. There is no right or wrong answer here, it’s what works best for the family as a whole.
Ultimately the court will do the best it can to ensure that any order made is in the best interests of the children taking account of what both parents want.
If you would like advice on how you can agree child contact arrangements with your partner if you are separated or divorced, please contact Greg Cross on 01751 472121, Director and solicitor in the Family Law team at Crombie Wilkinson Solicitors
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/09/How-often-will-I-see-my-children-if-we-separate.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-09-13 08:31:112022-01-24 13:25:47How often will I see my children if we separate?
Marriage separations are a difficult time and the last of your worries would be having to deal with further complicated divorce proceedings or further strains put on your family. Bond Adams Solicitors LLP have an award-winning family law team who can provide advise best suited for your divorce.
Currently, the current law in England and Wales for couples wanting to file for a divorce must either:
Live apart for two years of consensually or
Five years of non-consensually, or
one spouse must be held blameworthy for the marriage breaking down, this may include issues of
Adultery,
Desertion or
Unreasonable behavioural.
Arguably, having only two grounds to enforce a divorce can be frustrating when the decision was a mutual agreement in the first place, yet you have not lived apart. In addition, this game of who should be held accountable can add tension and strain onto the existing issue, in particular for those who have children.
The current law on divorce does not aid with this issue, it appears to ignite further frustration by creating further problems between parties.
On the 17th of June 2020, the ‘Divorce, Dissolution and Separation’ Bill passed which had meant that a ‘No-fault divorce’ law was being enacted. What this means is that in the foreseeable future, the law on divorce will include another ground for filing a divorce, and this would be that no party was to blame for the marriage breaking down, which would be under the ‘no fault divorce’ law.
This would also mean a spouse cannot contest the choice unless it is for coercion or fraud. Couples will also be able to jointly file for a divorce.
A few statistics to bear in mind in relation to the current law on divorces:
Approximately 70% of couples believed that a fault-based divorce made proceedings more ‘bitter’.
21% felt that it made it more difficult to make agreements on child arrangements.
31% believed it was harder to agree on finances.
Divorce proceedings can be complicated and expensive and without the right legal expertise it can be even more strenuous. Therefore, here at Bond Adams Solicitors our Family Law department who have profound knowledge in relation to family matters, are here to help ease the divorce process.
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/07/no-fault-divorce-law.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-07-14 12:28:052021-11-26 15:32:32No Fault Divorce Law Entacted - What does this mean to you?
At MyBump2Baby, we want to ensure that families have easy access to trusted Family Law Solicitors in the UK. Through various lockdowns across the globe, divorce and separation rates have increased, making it more important than ever that the correct methods of support are in place for those who need it the most. This blog is about divorce and separation during lockdown by Family Law Solicitors in Blackburn, AWH Solicitors.
Divorce and Separation during Lockdown | Family Law Solicitor Blackburn
Divorce and separation in lockdown | Blackburn
For many, lockdown has been a time to reflect on home life and relationships. Although lockdown can bring people together, being unable to leave the home has also contributed to bringing to light problems in marriages and partnerships across the world. As a result, many countries have reported an increase in divorces and legal separations as lockdown has started to ease. In Wuhan for example, notoriously one of the hardest hit cities in the world, lockdown is thought to be the direct cause of a doubling of divorce petitions.
Even though lockdown is ongoing in the UK, and likely will continue for some time longer, it isn’t necessary to wait to file for divorce or to agree to a legal separation if your relationship has come to an end. There may be issues in making new living arrangements, but as the property market is opening up again, and more restrictions are lifted, it is becoming easier to temporarily relocate from the family home.
Many family law solicitors continue to operate, as many can work from the safety of their home and provide their support and services through video call, phone and email, especially in the initial stages of the divorce process. Courts continue to take on cases, however they are restricted in a number of ways. At AWH Solicitors Blackburn, the family law team remains fully operational, supporting both new and existing clients through their divorces. We also support those who may be worried about the costs of a family law solicitor and may be eligible for Legal Aid, depending on the type of support they require and their means. If you are thinking about divorce, you can read the article how to get a divorce in the UK for more information about the process. If you would like more information about the costs of divorce, you can read the article: How Much Does a Divorce Cost
Domestic abuse | Blackburn
Unfortunately, due to lockdown, cases of domestic abuse have also risen. Victims of domestic abuse are likely to suffer more as they are unable to leave the home or leave their abuser. Where many were able to go to work or a friend’s house, to a safe place, to escape the abuse they suffer at home, they now have had to remain inside with their abuser.
Courts continue to issue non-molestation and other protection orders to help prevent harm being done to spouses and children in homes where domestic abuse is a problem. If you, or someone you know, is the victim of domestic abuse, may this be physical, emotional or financial, there are still many forms of protections in place, and you shouldn’t wait for lockdown to end to take action. Your family law solicitor will be able to help you assess your options and can support you through this difficult time.
Child arrangements | Blackburn
If you are divorcing or separating after you and your ex-partner had children the process will likely be more complex, regardless of the lockdown. Arranging for where the children will live and how much contact each parent will often cause friction and could affect the children negatively too. Family law solicitors often work closely with mediators and will try to help you find a solution that both parents can agree too without proceeding to court.
Regardless of how you feel about each other, you will be in each other’s lives for a long time. In the best interest of children, finding an amicable solution and avoiding court proceedings is generally the best option. However, where no solution can be reached your family law solicitor will represent you at all court hearings and take every step to ensure that you will be given the best possible outcome.
AWH Solicitors Blackburn has a full-service family law team that can help with all legal aspects regarding divorce, separation, child agreements, financial settlement arrangements and care proceedings.
Where couples have come together during lockdown, for example by first moving in together or by getting engaged, AWH Solicitors can also support cohabitation agreements and prenuptial agreements.
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/05/Divorce-and-separation-during-lockdown-Family-law-solicitors-Blackburn.png10801080Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-06-03 22:03:412022-01-31 11:28:11Divorce and Separation during Lockdown | Family Law Solicitor Blackburn
At MyBump2Baby, we are proud to connect parents with family law solicitors throughout the UK. Today, we share an expert article on “The Divorce Process – 6 Steps to Obtaining a Divorce,” from our Family Law Solicitors in Lincoln Sills and Betteridge LLP.
The Steps to Obtaining a Divorce
The current law provides that when a marriage has broken down, one party must petition for divorce in order to legally end the marriage.
Basic Procedure for Divorce
The following sets out the basic procedure for undefended divorce proceedings:
Step One
To start divorce proceedings, one party, known as the Petitioner, creates a divorce petition based on one of the following criteria:
Adultery;
Unreasonable behaviour;
Desertion;
2 years separation with consent; or
5 years separation.
The marriage certificate (whether it be an original or officially certified copy) needs to be sent with the petition. At this stage, there is a fee of £550. For more information about the overall divorce cost (including court fees and legal costs), you can read our article: How Much Does a Divorce Cost in the UK?
Step Two
The Petition and Acknowledgement of Service form are then sent to the spouse (Respondent). The Respondent will have 14 days to return the Acknowledgement to the Court. This will then be sent by the Court to the Petitioner.
Step Three
The Petitioner can then apply for Decree Nisi. The case is then considered by the Court and if no queries are raised, a Certificate of Entitlement to Decree Nisi will be issued. This will set a date for the application for Decree Nisi to be dealt with by a Judge.
Step Four
The Decree Nisi hearing will take place, however, neither party needs to attend Court unless they wish to be heard on an application for costs.
Step Five
The Decree Nisi will then be pronounced. The Petitioner can then submit their application for Decree Absolute after waiting a period of six weeks and one day after the granting of the Decree Nisi. In certain circumstances, the Respondent can make this application, but they cannot do this until three months after the date upon which the Petitioner could have applied for Decree Absolute.
Step Six
The Decree Absolute is granted, and the divorce legally finalised.
Obtain a Financial Order
It should be noted that whilst going through each of the above steps, it is very important that you also obtain a financial order which provides for how your assets should be divided. Even if you think you do not have any assets, you should still get an order, as without this either you or your spouse could make a claim against the other in the future for financial relief.
At Sills & Betteridge, we offer a fixed fee divorce at a cost of £600 plus VAT and a court fee of £550. We also act for clients under a CW1 divorce, for those who are eligible for Legal Aid.
For a 60-minute preliminary advice meeting, tailored to meet your specific needs, followed up in writing, please contact Ailsa Tennant on 07774740049 or email at [email protected].
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/05/The-Divorce-Process-6-Steps-to-Obtaining-a-Divorce.png6301200Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-05-06 14:38:592022-01-31 11:46:09The Divorce Process - 6 Steps to Obtaining a Divorce
At MyBump2Baby, we are proud to connect parents with family law solicitors throughout the UK. Today we share an expert article on Divorce during lockdown from our Family Law Solicitors in Lincoln Sills and Betteridge LLP.
Divorce during lockdown | Family Law Solicitors Lincoln
Going through a divorce or separation is stressful in normal circumstances, but with the current situation surrounding COVID-19, many couples are facing even greater struggles. Whether you have already started the divorce process or have come to the difficult decision during this period of lockdown that your relationship has come to an end, at Sills & Betteridge we understand the importance of being available to advise, reassure and support you.
Supporting Families in Lincoln
We have adapted new ways of working which enable us to continue to support families during this time and are still offering our Preliminary Advice Meetings by telephone, at a reduced rate of £100 plus VAT. This meeting includes a 60-minute telephone call with one of our solicitors with their advice being followed up in writing. We are also able to continue to offer mediation sessions via video for both those who are private paying and those who are legal aid funded.
Petitioning for divorce
It may be that you had decided prior to the lockdown that your marriage was over but had not yet taken the steps to begin divorce proceedings, or it may be that you have made the difficult decision during this time and you do not wish to wait until the restrictions are lifted. In any event, it is possible to start divorce proceedings online, and the Courts have confirmed that this process will continue as normal.
Financial settlement
In terms of financial arrangements, many will have experienced changes in their financial circumstances due to COVID-19. Therefore, parties will need to exercise an element of flexibility and it may be necessary for settlement figures to be reviewed as the financial evidence that such figures will be based upon may have changed.
It may be necessary to try and agree interim financial arrangements, until such a time where the parties have more certainty about their financial future.
If you issued proceedings for financial relief prior to the lockdown, it is likely that the hearing will still go ahead and will be heard remotely. It may be possible for matters to be agreed prior to the hearing and for it to be vacated. In some cases, the Court may deal with the hearing via video and most Courts are accepting service of documents and bundles by email.
Although there have been some difficulties to overcome during this time of change, professionals, parties and the Courts have been working together in order to facilitate divorce and financial proceedings both in and out of court. It is anticipated that it will take some time for matters to return to how they once were, but with all involved adapting with an element of flexibility, it is hoped that those families affected will reach a positive outcome.
If you would like more information about the divorce process in the UK, or about the costs, you can read this article: How to Get a Divorce in the UK
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/05/Divorce-During-Lockdown-Family-Law-Solicitor-Lincoln.jpg6301120Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-05-06 13:25:142021-12-20 15:47:38Divorce During Lockdown | Family Law Solicitors Lincoln
At MyBump2Baby, we are proud to connect parents with family law solicitors throughout the UK. Today we share an expert article on How to tell your child you are getting a divorce from our Family Law Solicitors in Lincoln Sills and Betteridge LLP.
How to Tell your child you are Getting a Divorce
Telling your children you are getting a divorce may be one of the most difficult conversations you will have following your decision to separate from their parent. How much information you give them about the reason for the separation and your feelings on the issue will depend on the age and emotional maturity of your child(ren), but whatever age they are, they need to be told in a calm, clear way which both supports them, and involves them in the next steps.
Tell your child as soon as a definite decision is reached.
Do it together unless one parent is unable to manage their own emotions. This is not unusual, particularly if the separation has come as a shock to one parent.
Plan ahead and agree with the other parent what will be said whether or not the conversation takes place together or as separate conversations. It is better that the children hear the same information from both parents.
Do it at home in a comfortable room with all of the children present.
Be honest and straight forward.
Be direct and use the words “divorce”, “separation” and “splitting up” as a way of explaining the change. You may be tempted to spare the children the pain of facing what is going to happen. It may be better to be honest. If not, the child may hold out some hope that it will not happen.
Give a simple reason for the divorce. Do not apportion blame. Keep your explanation short.
Reassure the child that they did not cause the separation.
Emphasise repeatedly that both parents will continue to love and care for them.
Describe the things that will stay the same. They often want to know who they will live with and where, where their pets will live and whether they will need to change schools etc. Try to have some answers.
Describe the changes that may occur and that are to be worked out.
Reassure the children that they will see you both regularly.
Allow the children to express their emotions. They may feel angry. They may be in denial. There may be tears or rage. Do not try to prevent the reaction. Do not tell the child off. Allow the child to let the emotions come out.
Manage your own emotions and stay focused on the needs of your child.
Encourage children to ask questions.
You will need to keep talking to your children and be available to answer their questions as they arise.
Once the children have been told about your divorce, is there anything you can do to make it easier for them?
Keep letting your children know that you love them and make sure that your actions prove it.
Encourage your children to respect and love their other parent. Speak in positive terms about each other. Be civil when talking to each other.
Avoid conflict. Do not argue with your ex in front of your children.
Do not use your children as go-betweens or prevent your ex from seeing the children as a way of punishing them or the ex or in an attempt to force some kind of action i.e. payment of child maintenance. Denying time with the ex as leverage is damaging to the child.
Be careful not to burden them with your problems and avoid sharing all of your worries. They are still children and should be treated as such. Try and find an adult shoulder to lean on.
Try to agree with your ex on the ground rules for parenting including bedtime, discipline, homework etc. If the children can live by the same set of rules in both homes then it makes it easier on them. If the ex however doesn’t parent as you do then do not undermine them or step in unless the situation is unsafe.
Create a stable and predictable routine for your children. Maintain as many routines, rules and traditions from your past family life as you can. They need as much consistency as they can get when everything else around them is changing.
Make sure your children have their own place or space if at all possible in your new home. If finances permit, allow them to have a say on the decoration etc. They need to feel comfortable in both homes.
Keep your promises. If you tell them you are going to do something together, do it. If you have to change your plans, give your children and the other parent as much notice as possible and try and rearrange. Feeling that they can depend on spending time with you on a regular basis is very important.
Avoid introducing new partners too soon. Children may resent you spending time with new people too soon or feel threatened by their presence. It is best to wait until your children are more comfortable with this. Don’t introduce them to partners you have just met. Make sure that you are in a stable relationship first.
Remember that every family is different, so it is important to take time to think about your children and your particular family situation before you do anything.
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/05/how-to-tell-your-child-your-getting-a-divorce-family-law-solicitor-Lincoln.jpg6301120Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-05-06 08:35:352022-01-31 14:12:21How To Tell Your Child You Are Getting a Divorce
At MyBump2Baby we like to support growing families by linking them with family protection businesses throughout the UK. Today we share an article from Aramas Law, our Family Law Solicitor Specialist in Manchester. The Article covers dealing with children issues after separation.
As a family solicitor, I am often faced with many distressed parents who are unable to reach an agreement with their former partner to decide what arrangements for the children should be. At times parents who have the children living with them seem to control the situation and start to make all the decisions without informing the other parent regarding what they wish or have to say.
Divorce and separation can be very difficult to come to terms with, especially when children are involved. Settling into a new routine as quickly as possible can help, which is why agreeing the arrangements for your children is one of the most important things to decide during a divorce.
Settling your dispute through negotiation or by accessing a mediator is always the most appropriate way. It’s quicker, less stressful for you, and can promote a good working relationship with your ex-partner for the future. However, from working with thousands of families , sometimes it’s not possible to mediate or even negotiate.
These are a few of the main Children Act Orders that I have to issue:
Child Arrangements Order– this sets out where your child will live and spend time (what people commonly refer to as custody and access or contact and residence)
Prohibited steps order – this can prevent your ex-partner doing something, such as changing your child’s surname or moving abroad
Specific issue order – this can decide a particular issue, such as where a child is to be educated
If you can’t agree the arrangements for your children with your former partner – either between yourselves or through mediation – then the court will need to decide for you.
The court’s main priority when deciding child arrangements is the wellbeing of your children. In most cases, they view children having regular contact with both parents as being best for their wellbeing. The court will also view contact with the child’s extended family (for instance grandparents) as important to their upbringing.
When deciding the details of a child arrangements order, the court must take into account all of the factors listed in the welfare checklist in Section 2.1 of the Children Act.
These include:
The child’s wishes and feelings (these are not necessarily a deciding factor)
The parent’s ability to meet the child’s needs
Any harm or risk of harm to the child
The child’s age, sex and background
The likely effects of any change to the child’s care arrangements
The child’s physical, emotional and educational needs
The law encourages co-parenting and it’s important for both parents to remember that even if they have decided to separate, then the relationship between each parent and child should remain the same unless contact is shown to be unsafe for the child.
The involvement of both parents in a child’s life is very beneficial and the courts adopt the Welfare Checklist in the making decisions about children cases. Once either party make an application to the court, the matter is then in the hands of the judge and it is the judge who makes the final decision on the case.
Best way to resolve child arrangements is by both parents communicating with one another. If communication is broken down and an agreement cannot be reached, then an appointment with a family solicitor would be helpful. Family solicitors try to resolve the problem in a non-confrontational manner, meaning they will assist in negotiation to reach an agreement amicably whenever possible. If this is not possible, then the next steps at Court will be arranged.
If you are experiencing difficulty with making child arrangements or have any questions, please contact us on 0161 8175014 or leave your details on the contact form and we will contact you when it best suits you.
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/03/Dealing-with-Children-issues-after-seperation.jpg200300Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-03-18 13:27:462022-01-24 13:25:45Dealing with Children Issues after Separation
At MyBump2Baby we like to support growing families by linking them with family protection businesses throughout the UK. Today we share an article from Aramas Law, our Family Law Solicitor Specialist in Manchester. The Article covers the rights of a father following divorce. If you are considering divorce and want to learn more about the divorce process, we recommend reading the article: How to Get a Divorce in the UK.
More than one in three children never see their father again after their parents split up, research into family breakdown shows.
And nearly one in ten children are so traumatised by the separation that they have considered suicide. Children are often used as ‘emotional footballs’ and left feeling ‘used, isolated and alone’, with many turning to drink, drugs and truanting.
Concerning children, divorce can be equally straightforward or problematic. You will have Parental Responsibility for the children born in wedlock with your partner. You will have to Pay Child Support, or maintenance, which can be worked out with your ex or a monthly sum mandated by the Child Support Agency (CSA), depending on your income.
Mothers are still more likely to get custody when parents divorce, but the general standard used today is that the custody award must be in the “best interests of the child.”
Working out of Court to Reach an Agreement
Working out of court is the easiest way, if you can reach an agreement in direct negotiation with your ex or through mediation. There’s less acrimony and generally a much better atmosphere to the proceedings and you can take the agreement to court, and it becomes legally valid if signed by the solicitors employed by you and your ex.Be aware, however, that mothers have flouted these agreements in the past. If so, you’ll need to obtain a court order to have them enforced. A great deal depends on the goodwill between you and your former partner.
In Court
In court where children are old enough to voice opinions, their wishes are taken into account by the court regarding contact and residence. Another important part of the proceedings is the Cafcass Report, where both parents and others are interviewed to reach a determination. Courts mostly follow all the recommendations of the report.
The tradition in contact tends to be every other weekend and half the school holidays with your children spending the rest of the time with their mother. However, it’s quite possible to suggest other arrangements, especially if that’s what your children desire. Joint residency, for example, is a relatively new concept here.
Things that fathers should do are keeping up your maintenance payments, making them on time and in full. This shows responsibility to your children and eliminates at least one legal hold your ex might have over you. If unemployment or other factors make payment impossible, keep full records and present them to the court.
If possible, create a co-parenting plan with your ex. This can help head off any future problems and means you really are putting your children first. Finally, never use your kids to pass messages to your former partner. Keep them above the problems you two have.
Experts tell us that children of divorce fare much better if their parents don’t use them as pawns in an ongoing battle, but instead allow the children to maintain a positive, healthy relationship with both parents. It’s best for your children, and it will be best for you in court.
Emma Stevens
Hi, I’m Emma and I’m MyBump2aby’s family law, protection and financial editor. I’m passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
https://www.mybump2baby.com/wp-content/uploads/2020/03/Rights-of-father-following-Divorce.jpg960960Emma Stevenshttps://www.mybump2baby.com/wp-content/uploads/2016/10/Logo-MyBump2Baby_transparent-bg-1-1.pngEmma Stevens2020-03-18 13:17:442022-01-10 15:36:46Father's Divorce Rights - What Rights Do Father's Have Following Divorce?
