Lawpack

by Nadine de Souza

It’s best if you can sort out amicably with your spouse who your children will live with. It will be financially more cost effective, but most importantly, you can maintain a good relationship with your spouse and you both have an element of control in the decision-making process. If you have children old enough to understand, then try not to involve them in any disputes, but if age appropriate, check that they are happy with any arrangements that you’re proposing.

How to proceed when you agree on childcare

If you can agree arrangements, then you need to tell the court. This can be done in the Statement of Arrangements for Children, which is submitted with your divorce petition. Your spouse should also sign the Statement of Arrangements for Children to show that they agree with the proposals. There should then be nothing more for the court to do.

If the court isn’t happy with the proposed child care arrangements, then it can suspend your final divorce paperwork. The court will let you know and explain what further information and action is needed from you.

If you both can’t agree on child custody

There will be many people who can’t agree on the children’s living arrangements with their spouse because the relationship is simply too strained. Issuing a court application is likely to irreversibly damage any relationship you have with your spouse, so think carefully about going down this route.

To start court proceedings, you need to fill in a lengthy form called C100. You will need to pay a fee to the court. The court fee changes, so check the court service website for up-to-date information.

The court will arrange a short court hearing called a Conciliation Appointment to see if you can reach an agreement with the judge and a Children and Family Court Advisory Support Service (CAFCASS) officer, who usually has a background in social work. If your child is over nine years old, then they must attend this hearing.

If you can’t agree a solution at this hearing, then the judge will issue orders about how the case will progress and what paperwork needs to be filed. It’s likely that the judge will ask for a full report from the CAFCASS officer. They will meet with you and your children and make recommendations to the court. Ultimately, there will be a final court hearing with reports, statements and evidence and at the end of this a judge will make a decision. It’s a lengthy and costly process.

How the court makes its decision

There are no hard and fast rules about where and with whom a child should live and it’s not true that children always end up living with their mothers. The most important thing to consider is the child’s welfare, not what the parent wants.

The court will consider the child’s wishes and feelings, depending on their age and understanding; the child’s physical and emotional needs; the child’s age and gender; the effect of any change of circumstances on the child and the ability of each parent to meet that child’s needs.

In making its decision, the court will consider what is in the best interests of the children as well as the children’s wishes and feelings. The older the children are, the greater the weight that will be attached to it.

The court will look at who has had the day-to-day care of the children and been their ‘primary carer’. The court will want to try to keep the same arrangements to give the children some stability.

There are various things that you can do to try to improve your chances of getting the children to live with you, rather than your spouse. To find out what these invaluable tips are, read Lawpack’s guide How to get a Divorce written by specialist divorce lawyer Punam Denley.

It used to be the case that judges felt that children should live primarily with their mothers. However, the use of joint and shared residence orders is increasing. This is because it reflects the reality of having two working parents. You don’t have to have ‘equal time’ with the children to obtain this order; the courts have said that ‘substantial contact’, which might mean seeing the children every other weekend plus a day or two more in the week, is enough.

Help from Lawpack

All the divorce forms you need – and expert guidance on how to use them – can be found in Lawpack’s Separation & DIY Divorce Kit.

If you need assistance in completing the forms, then you can use our DIY Divorce Service who will complete them for you. With our Managed Divorce Service they will complete them and also file them at court for you.

If you want more in-depth information from a divorce lawyer about all aspects of divorce law then read our guide, How to Get a Divorce by Punam Denley. Packed with tips and expert advice to ensure that you get through the divorce process smoothly.

Other information

• When you divorce, how do you get money from your spouse to bring up a child?
• How do I get child maintenance from my spouse?
• How to work out how much child maintenance you’ll get

 

Published on: April 3, 2015

Source: Divorce Infographic – Who and Why? by Brookman Solicitors

Published on: January 22, 2015

by Nadine de Souza

When you get divorced, you want to know how much child maintenance you’ll receive from your spouse. Here’s a guide to how the Child Maintenance Service (CMS) works out the amount.

The CMS uses six steps to work out how much child maintenance you should get.

Step 1 – Work out the paying parent’s income

The CMS finds out the paying parent’s annual gross income by using information from HM Revenue & Customs. The CMS will also find out if the paying parent is receiving any benefits.

Step 2 – Is there anything that could alter the amount of child maintenance?

The CMS will see if there is anything that could change the paying parent’s gross income amount, such as pension payments or other children to support. It will then convert the annual gross income amount into a weekly figure.

Step 3 – Child maintenance rate

There are five rates of child maintenance:

Gross Weekly Income	Rate
Below £7	Nil
£7 – £100 or if the paying parent is on benefits	Flat
£100.01 – £199.99	Reduced
£200 – £800	Basic
£800.01 – £3,000	Basic plus

 

In a nutshell, for the basic rate and basic plus the paying parent pays 12 per cent gross income for one child; 16 per cent of gross income for two children; and 19 per cent of gross income for three children or more.

If the paying parent earns over £800 per week, then they pay: nine per cent of their gross income for one child; 12 per cent of their gross income for two children; and 15 per cent of their gross income for three children or more.

This means that if a paying parent earns in excess of £41,600, then the two calculations have to be made and added together to arrive at the correct calculation.

For more detailed information, you should go to Gov.uk’s webpage How we work out child maintenance.

Step 4 – Other children

The CMS will take into account any other children that the paying parent has to pay child maintenance for, including any children living with them.

Step 5 – Weekly amount of child maintenance

With the information gathered in the first four steps the CMS works out the amount of child maintenance.

Step 6 – Shared care

The CMS takes into account the number of nights when a child stays overnight with the paying parent and will make a deduction to the child maintenance.

To work out the exact amount of your child maintenance you can also use the government’s child maintenance calculator to work out how much child maintenance you will receive.

Help from Lawpack

All the divorce forms you need – and expert guidance on how to use them – can be found in Lawpack’s Separation & DIY Divorce Kit.

If you need assistance in completing the forms, then you can use our DIY Divorce Service who will complete them for you. With our Managed Divorce Service they will complete them and also file them at court for you.

If you want more in-depth information from a divorce lawyer about all aspects of divorce law then read our guide, How to Get a Divorce by Punam Denley. Packed with tips and expert advice to ensure that you get through the divorce process smoothly.

Other information

• How do I get child maintenance from my spouse?
• How do you start financial proceedings in a divorce?
• What to do if your spouse ignores the divorce Petition
• My husband’s left me. He’s the main breadwinner. How am I going to pay the bills?

 

External links

• Gov.uk: Use the Child Maintenance Service or Child Support Agency (CSA)
• Gov.uk: Child maintenance calculator

 

Published on: January 20, 2015

by Nadine de Souza

How will you manage your finances and pay for your children’s needs once you divorce? The most cost-effective solution is to discuss matters with your spouse and come to an amicable arrangement. Of course, this isn’t always possible, and if you can’t agree a suitable amount to cover your children’s costs then you will need to get help from the Child Maintenance Service.

How to apply for child maintenance

Child maintenance is for children who are under 16 or under 20 and in full-time education (but not higher than A-level or its equivalent). You can use the Child Maintenance Service if you’re the parent the child lives with or the parent that the child doesn’t live with.

If you want to apply to the Child Maintenance Service, then first you have to contact Child Maintenance Options. They’ll go through your options, give you a reference number and tell you how to apply. It costs £20 to apply. It usually takes about a month to set up a case and then about six weeks to receive your first payment. If you don’t have contact details for the paying parent then the service will try and contact them, but if they fail, then a case can’t be opened.

How child maintenance payments can be made

Child maintenance can be paid directly between parents; directly from the paying parent’s earnings (this is arranged with the parent’s employer) or by direct debit. Payments are made into the receiving parent’s bank account.

The easiest way to deal with payments is to agree how the amount is going to be paid with the paying parent. This is called Direct Pay. If you choose this option then you should still keep a record of what payments are being made, in case you need to get the Child Maintenance Service to enforce the payments.

If you can’t agree how the payments should be made, then the Child Maintenance Service can arrange to collect and pass on the payments. There is a charge for this service. The paying parent will have to pay 20 per cent on top of their regular child maintenance payment and the receiving parent will have four per cent deducted from their payment.

What happens if maintenance payments are not made

If payment isn’t made, then the Child Maintenance Service will act to get the money. They will contact the paying parent to find out why payment hasn’t been made, arrange for them to make payment and tell them about the penalties if they don’t pay. If the paying parent doesn’t reply within a week, then the Child Maintenance Service will take action to get the money. There are charges for using this enforcement service that range from £50 to £300.

Unpaid child maintenance can be collected in three ways:

1. Take money from the paying parent’s earnings or benefits: the service can get the paying parent’s employer to deduct the money and pass it on. If the employer doesn’t do this, then the service can take them to court.
3. Take money directly from a bank account: the service doesn’t need permission to do this, they simply tell the bank or building society to take the money.
5. Take court action: there are various ways to do this including taking the paying parent to prison or sending bailiffs round to their home to take and sell their belongings.

If you want more information, you can contact Child Maintenance Options on 0800 0835 130.

Help from Lawpack

All the divorce forms you need – and expert guidance on how to use them – can be found in Lawpack’s Separation & DIY Divorce Kit.

If you need assistance in completing the forms, then you can use our DIY Divorce Service who will complete them for you. With our Managed Divorce Service they will complete them and also file them at court for you.

If you want more in-depth information from a divorce lawyer about all aspects of divorce law then read our guide, How to Get a Divorce by Punam Denley. Packed with tips and expert advice to ensure that you get through the divorce process smoothly.

Other information

• How to work out how much child maintenance you’ll get
• How do you start financial proceedings in a divorce?
• What to do if your spouse ignores the divorce Petition
• My husband’s left me. He’s the main breadwinner. How am I going to pay the bills?

 

External links

• Gov.uk: Use the Child Maintenance Service or Child Support Agency (CSA)
• Gov.uk: Child maintenance calculator

 

Published on: January 13, 2015

by Nadine de Souza

Unfortunately, when relationships break down emotions can become strained and not all divorces are amicable. In these circumstances it’s important that you protect yourself and ask the court to help you if you need it. You might need to protect yourself from violence or harassment. You might also need to protect your property or your income and finances. Our quick guide below shows you some of the ways in which you might need to protect yourself.

How to protect yourself from violence

If your spouse becomes violent, you should see a solicitor straight away or ring the police. You can ask the civil court to give you an injunction to keep your spouse away from you and to exclude them from your marital home for a period of time. If your spouse breaks this order, then they could go to prison. The police also have powers to deal with a spouse’s violence or threats by using the criminal law system.

How to protect yourself from harassment

You can get a non-molestation injunction through the civil court if your spouse continues to harass you, telephone you or visit the property where you are living. It prevents your spouse from harassing, assaulting or intimidating you and your children. The ultimate penalty for breaching this order is imprisonment. Alternatively, you can contact the police and see if they can help you.

How to protect your property

During a divorce it’s possible that your spouse will try and hide assets from you so that you get a different impression of their finances. If you think that your spouse has assets that they are trying to conceal, transfer or put into trust, then you can ask the court to freeze those assets. You need to get as much information together about the assets as you can and, most importantly, their location. This is a complicated area of law and you will need to get a solicitor to help you. You need to seek their advice as quickly as possible once you discover that your spouse is trying to conceal assets.

If your marital home is only in the name of your spouse, you can protect yourself by registering a Notice in the Charges Register against the property to stop your spouse from selling or mortgaging the property. You have to complete Form HR1 Application for Registration of a Notice of Matrimonial Home Rights, if your property is registered land. If your property is unregistered land, you must register a Class F Land Charge at the Central Land Charges Registry in Plymouth. If you don’t register your interest, then your spouse could sell the property without you knowing about it.

If your spouse refuses to sell or leave the matrimonial home or consent to a divorce, then you could get the court to order the property to be sold. You would need to get a solicitor’s advice if you want to do this.

Although it’s tempting to change the locks on your marital property to protect yourself, you can’t do this unless you obtain an injunction first to keep your spouse out of the house.

Protecting your income and financial security

If your spouse usually pays for the mortgage or rent and stops doing so, then you can apply to the court for all sorts of protection once a divorce petition is lodged. But what protection can you get before a divorce petition is lodged? You can only make an application for maintenance. The court usually looks to maintain the financial stability of both spouses and so your spouse will probably be required to pay temporary income until long-term arrangements can be made.

Help from Lawpack

All the divorce forms you need – and expert guidance on how to use them – can be found in Lawpack’s Separation & DIY Divorce Kit.

If you need assistance in completing the forms, then you can use our DIY Divorce Service who will complete them for you. With our Managed Divorce Service they will complete them and also file them at court for you.

If you want more in-depth information from a divorce lawyer about all aspects of divorce law then read our guide, How to Get a Divorce by Punam Denley. Packed with tips and expert advice to ensure that you get through the divorce process smoothly.

Other information

• What documents do I need to start a divorce?
• What to do if your spouse ignores the divorce Petition
• How do you start financial proceedings in a divorce?

 

Published on: September 24, 2014

Splitting up with somebody is never an easy or enjoyable experience, but once you have decided to go your separate ways it’s important to start thinking about protecting your interests.

In time, a divorce settlement will be agreed, so knowing what you stand to lose, gain or compromise on is a good first step.

Only last month, the Law Commission revealed its belief that settlements must become clearer, with judges and participants in desperate need of more financial information if a fair agreement is to be reached.

It noted that a lack of clarity plagues this issue in the UK at the moment and that is only adding to the despair of divorcees as they cut all ties with their former partner.

The body suggested that legislation should be overhauled so that the subject is given a new definition and purpose and people ultimately come out of a divorce settlement with a greater degree of satisfaction.

Professor Elizabeth Cooke, who is leading a public consultation on the issue, said that it’s currently too difficult to explain exactly what the regulations behind divorce are. “It would be far clearer if the law was to state what is to be achieved,” she told the BBC.

While the Law Commission acts in cases in England and Wales, in Scotland there is a strong preference for people not to be asked to support their ex-wife or ex-husband beyond a period of three years.

The way a divorce settlement is currently calculated is complex and can be completed in a number of ways.

In most cases, both a husband and wife will agree to voluntary disclosure, which means that all their financial information is open to solicitors and can be used to assess their worth.

If one or both parties are not happy to disclose their financial details, there are other avenues to pursue.

For instance, the next step might be a court procedure, in which case an application will be made for the issue to be dissected in a legal house. The disadvantage of this is that it is slow – often taking at least 12 months – but the process can be curtailed if an agreement is reached at any stage.

You might also want to consider collaborative law. This is where all of the parties commit to reaching an agreement and not going to court, so husbands, wives and their solicitors typically meet up for negotiations. This gives each party the chance to air their feelings and make their demands.

Should you be in the unfortunate position of going through a divorce settlement, it might be worth thinking of every possible way to reach an agreement.

The first tip is to work out exactly what your joint assets are worth, as this will give you a good idea of how much there is to split. It is also worth getting expert advice so that you know exactly what you are entitled to, taking control of all your own finances and deciding how to manage any joint accounts.

And perhaps most importantly of all, speak to your spouse. You never know, an agreement might be nearer than you realise.

 

Related articles

• 7 steps to filing for divorce in England & Wales
• How much are the court fees for divorce?
• What are the grounds for divorce?

 

Published on: October 31, 2012

by Punam Denley, family law solicitor

From Lawpack’s How to Get a Divorce Guide.

When people split up they often worry about money. Often people haven’t got their own income and their spouse is refusing to give them any money.

They are concerned about paying the bills, and how they are going to survive.

So, one of the first things they want to know when they separate is, ‘who pays for what before we’ve sorted out the divorce?’

The general rule in family proceedings is that each person pays their own legal costs, so that is your starting point, but what if you can’t pay?

The first thing to do if you’re in this situation is ring your local office of the Department for Work and Pensions or visit them online at www.dwp.gov.uk and find out if you’re entitled to any welfare benefits.

You may need to make an emergency court application for your spouse to give you some money to tide you over, which is known as ‘maintenance pending suit’. You can only get this if you are married or in a civil partnership and you must have started divorce or dissolution proceedings.

You need to make a court application for this maintenance, and the court will expect you to have investigated your entitlement to benefits beforehand. There is likely to be a court
hearing and it is quite expensive if you are paying for it yourself.

You should find out whether you can obtain public funding (formerly legal aid) to cover your legal fees.

The court will only deal with your ‘immediate needs’, and if you can’t show that you really require the money, then you will be at risk of having to pay your spouse’s legal costs because
you have made the application unnecessarily.

If you have a good case on maintenance pending suit, this can be resolved very quickly; usually within a matter of weeks. If, however, you have a bit of money to be getting on with, you may have to wait several months before your case can be heard by a judge.

There is a complicated procedure where you can apply for maintenance without having started divorce proceedings. If you want to do this then it is best that you speak to a lawyer, as it is quite an unusual application to make.

If you are not married but are living together, you have no entitlement to maintenance from your partner.

However, if you have children with your partner, you can make an application to the Child Support Agency (now the Child Maintenance and Enforcement Commission), who may make an assessment.

Unfortunately, this is likely to take several weeks at least and your best option is to see if you can get benefits such as Child Tax Credit or Working Tax Credit.

Related articles:

• How do I get child maintenance from my spouse?

 

Published on: August 1, 2012

Mediation during divorce and separation can save heartache, cost and time. Family lawyer Philippa Pearson and author of the ‘Separation & DIY Divorce Kit‘ and ‘Living Together – An Essential Legal Guide’, wonders why mediation is still such an underused resource in divorce.

The breakdown of any relationship is a traumatic business. We all invest a great deal, emotionally and materially, in marriage and it’s hard to escape the feelings of bitterness and even betrayal so often associated with its breakdown. Unfortunately, these feelings can be exacerbated by divorce court proceedings.

There can also be an inevitable sense that the divorce lawyers have taken over. Worse still, if disputes have to be settled by a divorce court, the divorce decision may be one which is unacceptable to both of you and the expense of divorce court hearings can be out of proportion to the reality of the dispute.

Mediation can offer you both another way.

Professionally trained mediators are completely neutral and non-directive. You will each be given the time and opportunity to explain your individual problems and you will then be seen together to help you both understand each other’s point of view. It’s astonishing how often a couple are unable to talk to one another at all, let alone listen to what the other is trying to say.

The mediator will help you to realise where there are areas of agreement and encourage each of you to suggest possible ways in which the disputes that have arisen may be resolved. In financial disputes the mediator will help you to identify your assets and needs, and then look at possible ways to arrive at a fair division.

Mediation is completely confidential, except where there is a disclosure of a risk to someone, particularly a child. Both of you are encouraged to report back to your divorce solicitors about the progress of the mediation and any eventual proposals for a divorce agreement. The proposals reached will not be legally binding unless the divorce solicitors take steps to have them made orders of the divorce court.

The process of mediation can empower both of you to reach your own decisions. If you can, this is of enormous benefit not only to yourselves but, even more crucially, to your children. It takes the heat out of disagreement. Mediated agreements are likely to last longer than divorce court orders alone. The fact that you have both been able to agree about what should happen to the children means that you should find it easier to negotiate any changes to the agreement which may become necessary as time passes.

Compared with divorce court proceedings, mediation is extremely cheap. If you do reach agreement, that agreement can be made into a divorce court order by consent, without the necessity of anyone actually going to divorce court to give evidence.

Organisations throughout the country that provide divorce mediation include National Family Mediation and Family Mediation Scotland.

Related Products:

• Separation & DIY Divorce Kit
• Download a Separation Agreement today

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• DIY Divorce Service
• DIY Divorce & Consent Order Service
• DIY Consent Order Service
• Managed Divorce Service
• Managed Consent Order Service
• Managed Divorce & Consent Order Service

 

Published on: November 2, 2009