Financial issues and child arrangements on divorce
Financial issues and child arrangements on divorce
Many people are under the false impression that once they submit a petition to the court to end their marriage or civil partnership, the court will automatically deal with all other ancillary issues surrounding the breakdown of the relationship like how they sort out their financial assets or how they arrange contact with the children. It is important to know that when the court is given a divorce/dissolution petition, this is the only thing the court will deal with.
If the parties need help with finances or children, separate court applications are required for these. However, the parties should be actively encouraged to try and resolve these issues outside of the court arena and only involve the family court judges if they cannot reach mutually acceptable terms of settlement through non-court dispute resolution methods.
For both areas of discussion, ideally the parties will be able to discuss finances or child contract arrangements directly with each other and negotiate a settlement between themselves. However, if support is needed with working towards a financial agreement or contract arrangements, the options include:
- solicitor-led negotiation
- mediation
- collaborative family law
- family arbitration.
Each of these options should allow both parties to retain an element of control over the outcome and prevent matters ending up in contested proceedings in court. If mutually acceptable terms of settlement are reached between the parties, a solicitor can be instructed to produce the necessary formal legal documentation to record the terms. In the case of finances, a Consent Order will be produced setting out how the parties plan to divide their marital assets and when the clean break provisions should come info effect to prevent any future claims during life and death. In the case of child arrangements, a Parenting Plan can be drawn up detailing what arrangements have been agreed and how any variations to the arrangements should be made to avoid having to involve solicitors again in the future.
However, for some, negotiation is not possible and mutual agreements simply cannot be reached. In cases like this, an application will need to be made to the Court. This will either be for Financial Remedy or for a Child Arrangements Order. In both cases, the family court will consider all the facts of the case and make a decision on behalf of the parties involved. Once a decision has been reached, either the financial order or the child arrangements order will be legally binding and remain valid unless either party applies to the court in the future for an amendment.
Whether discussions relate to finances or children, It is vital that each party gets expert legal advice from a family lawyer who can act as a guide through the process and establish the best course of action to take. By speaking with our experienced family solicitors as early as possible, you can ensure that your interests are safeguarded from the outset.
Contact our family law team today to find out more and to book in initial fixed fee consultation at Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584.
