In part two of our guide to divorce, we’ll consider the issues around child arrangements, also known as child custody. Do note that the Final Order granting you a divorce does not cover any arrangements you may have made about the care and financial support of your children.
When a couple decide to separate one of the most important things to consider is how to maintain the quality of life for any shared children from the relationship. Parents need to prioritise decisions on where the children will live, how much contact they have with each parent and how their care is financed. In the legal world, these issues are known as ‘child arrangements.’
More specifically, you will need to consider:
As a starting point, the UK Government website has a calculator to indicate the amount of child maintenance that might be due. You do not have to use this, but it can give you a rough estimation from which to negotiate.
More information can be found here https://www.gov.uk/calculate-child-maintenance
We have also written a guide to child maintenance which you can read here https://www.tisshawssolicitors.co.uk/guide-to-child-maintenance-payments/
These decisions are emotionally challenging and even when a couple make an informal agreement together, there is much scope for conflict.
Given this, we would advise seeking the support of an experienced family lawyer, able to guide you through both the short- and long-term options available to you. A family lawyer will make it easier and quicker for you to reach an agreement that is in the best interests of you and your family. They will be able to consider the rights and responsibilities of each parent, walking you through all the options before you make any decisions.
In this respect, we offer an initial consultation for £100 (incl. VAT) during which you can learn how the law relates to your specific family circumstances and the options available to you. The meeting will last up to 60-minutes and there is no obligation to instruct us or to move forward with your case.
When parents are unable to reach an agreement between themselves, there are a range of non-court dispute resolution (NCDR) approaches that can help, including mediation, collaborative law and arbitration. All of these are preferable to going to court, where a judge will decide on the specifics of child arrangements. Not only does this take control away from the parents, but it is also a costly, lengthy and stressful process.
More can be found on NCDR approaches here https://www.tisshawssolicitors.co.uk/alternative-dispute-resolution-adr/
The most popular form of NCDR is mediation, whereby couples try to reach an agreement without involving the court in their case. The process involves a qualified and impartial Family Mediator and focuses on the issues that are important to you. The pace of the mediation will be decided by both you and your ex-partner and meetings can be arranged at a mutually convenient date and time. In fact, it is compulsory to attend a Mediation Information and Assessment Meeting (MIAM) before resorting to court proceedings.
At Tisshaws, Richard, Hana and Lidia are all trained and experienced Family Medistors, able to help couples to reach agreements on child arrangements.
More can be found on mediation here https://www.tisshawssolicitors.co.uk/services/mediation/
If your partner makes you feel threatened and is violent or aggressive, it is important to get advice and seek support. Along with contacting a family lawyer, Citizen’s Advice, Refuge, Women’s Aid and the Men’s Advice Line, can all provide help and advice in dealing with your situation.
More information on how family law can help victims of domestic abuse can be found here https://www.tisshawssolicitors.co.uk/what-to-do-if-you-are-a-victim-of-domestic-abuse/
Once an agreement has been reached on child arrangements relating to living and financial issues, these are written into a Child Arrangements Order which is legally binding. This protects both parties from deviating from what has been agreed.
Ideally, you would apply for a Child Arrangements Order after you have received the Conditional Order from the courts, allowing you to divorce, but before the Final Order which ends the marriage.
If you are struggling with the impact of divorce and separation, and would like to book an initial 60-minute no obligation for a fixed fee of £100 (incl. VAT), please call 01444 472700, email us at [email protected] or complete the form below.
We know how difficult divorce and separation can be, so we offer an initial one hour fixed fee consultation with a fully qualified lawyer, to help you make an informed decision about how to proceed.
To book, please call 01444 472700 or complete the quick contact form.