People often use the phrase “custody” when discussing child arrangements. This is not a term that is generally used in the legal world but is used in the public space. We prefer to call it Child Arrangements.
If you are looking to confirm arrangements with both you and your partner, and indeed grandparents, to share time with children, it is always preferable to have this made in writing, in the form of a Child Arrangements Order. This can avoid any misinterpretation going forward.
The court expects parents to be able to come to agreement between them about where and how the children will live. In this respect, the courts prefer not to get involved. However, where there is discord between two separating parents, there are a number of options available:
Child Arrangement Orders
When dealing with Child Arrangement Orders, the court will evaluate the individual circumstances to decide what arrangements are in the children’s best interests. They will listen to you and your children’s wishes and feelings in arriving at a decision. This is a last resort if you are unable to agree between you, as parents.
Specific Issue Orders
These Orders determine disputes about more specific matters such as religion, medical treatment and taking a child to live abroad. Taking a child out of the country for any length of time, without the right permissions, can be considered a criminal offence. You should seek legal advice about this.
Prohibited Steps Order
These Orders are made to restrict actions by one parent that may be considered detrimental to the welfare of the child. Often this relates to the manner in which a parent is exercising their Parental Responsibility.
Adverse influence, permanent removal from the UK or stopping medical treatment are all matters that would be covered by a Prohibited Steps Order.
We are specialists in the resolution of financial matters on divorce, dissolution and relationship breakdown, including:
- Business interests
- Farming interests
- Pension assets
- Trust interests/Trust assets
- International aspects
All options are considered whether Mediation, the Collaborative process, Arbitration or Private Alternative Dispute Resolution.
Our team has over 150 years’ experience available to resolve financial dispute/issues.
We are expert in all financial disputes/issues arising from relationship breakdown, whether through negotiation outside the court process or robust representation at court.
A bespoke service is offered to each client, with an especially considered approach in each matter.
Emergency advice is available to ensure personal protection and protection of assets in urgent cases, pending determination of financial arrangements.
There is officially no such thing as a legal separation. However, it is possible to have a legal agreement drawn up to help avoid the uncertainty, expense and stress of potential litigation.
- Cohabitation agreements – these provide clarity and peace of mind as to the financial arrangements during cohabitation.
- Separation agreements – enabling couples to plan for the future and provide certainty as to what will happen should the relationship end, in relation to the split of assets, payment of maintenance and the arrangements for the children.
We can help by:
- Advising on the terms of agreement to ensure fairness.
- Dealing with financial disclosure.
- Advising on the legal and beneficial ownership of property and the preparation of Trust deeds.
- Assist with drafting the terms of shared occupation and financial contributions, including:
- How bills are to be divided
- Ownership of chattels, belongings and bank accounts/investments
- Identifying potential claims available and representing clients in respect of enforcement.
International divorce is a process that can be largely managed through email and post.
We offer appointments by phone. We then assist with the divorce and finances by email or post, whichever is your choice.
The advantage of using a divorce solicitor based in the UK is that you know we are regulated and provide timely, accurate advice on English divorce law.
We represent clients all over the world, whose marital issues require advice on English law.
These are ex-pats who are living abroad or international business clients who have links under English law through their marriage, children or assets.
Divorce & Dissolution/Civil Partnerships
Family law, in its simplest terms, covers all aspects of divorce and family matters surrounding the break-up of the formal relationship.
This can be the breakdown of a marriage, civil partnership or any children’s issues that arise as a direct result of divorce or separation.
The courts are heading towards a “no blame culture”.
Currently going through approval is a bill allowing divorce to be granted on the basis of no blame.
It is hoped this will avoid many of the pitfalls that are created by divorce which requires one or other of the spouse to be blamed for the breakdown of the marriage.
Let Our Experience Be Your Guide