https://www.divorce-online.co.uk/blog/getting-a-divorce-with-children/ https://www.divorce-online.co.uk/blog/getting-a-divorce-with-children/ Getting a divorce with children

Getting a divorce with children

by Thursday, April 7, 2016

How to get a divorce if you have children

One of the things all parents worry about when considering divorce is what will happen to the children.

Where will they live, will I get to see them and how will they be paid for?

Children are not included in the actual divorce now

Getting a divorce with children used to be a tricky affair, with the parents having to file a statement of arrangements and if they did not agree, the court would intervene and you had to go to court.

We now need to separate the actual process of divorce, the mechanical, administrative process from the general understood meaning.

Since 2013 children’s arrangements have been removed from the divorce process and getting a divorce with children is very straightforward.

The courts will no longer ask for your arrangements and at this stage are not interested in where the children will live or whether the other parent can see them.

Child arrangements now dealt with separately

Sounds harsh, but don’t worry if you do have unresolved issues with your children, you just apply to your local family court for what is now known as a child arrangements order, which will deal with where they live, who sees the children and when and any specific issues you may have.

You will be offered the chance to attend mediation before the court can deal with your case.

Children’s maintenance and assets

If you are applying for the court to determine whether maintenance should be paid or dealing with your housing situation and general finances they are also dealt with in separate proceedings called Financial Relief.

Once again you will be offered mediation before any court proceedings can begin, to try and see if the issues you have can be resolved before having to head to court.

What about Child Support

Child maintenance is financial support towards your child’s everyday living costs when you’ve separated from the other parent. You and your ex-partner can arrange child maintenance yourself if you can agree.

This is called a ‘family-based arrangement’.

A family-based arrangement is a private way to sort out child maintenance. Parents arrange everything themselves and no-one else has to be involved.

If you can’t agree The Child Maintenance Service is for when you and the other parent can’t agree to a family-based arrangement.

You must talk to Child Maintenance Options before you can apply to the Child Maintenance Service.

Divorce-online can deal with your divorce whether you have children or not for a low priced fixed fee.

Please call 01793 384 029 to speak to an adviser today.

Mark Keenan

About Mark Keenan

Editor of the Divorce Online blog

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