Bonjour lecteurs! Not a topic I would ever want to consider in the future. However, I have seen many of my girlfriends going through a divorce and its process can be difficile at times. So if you know someone in this situation or you ever get through it yourself, here are the different steps to take on the journey to legal separation. This post is especially aimed at parents as with children involved, there is more to factor in.
Child Arrangements & Custody
As you may already know, the custody is basically who has full responsibilité for the children after your marriage ends.
If you and your ex-partner can decide between you on the matter, it may be possible to avoid attending court hearings. Government guidelines state that you will need to both agree on where your children will live and how much time they’ll spend with each parent. You will also need to plan the financial aspects of it. You can get the help of a legal advisor with it.
If you can’t find an agreement together, there will be a child arrangement order (previously called a contact order), issued by the court. This order is governed by section 8 of the Children Act 1989. It will basically covers areas such as where your child(ren) will live and with whom. It will also includes how much time each parent will spend with their kids.
These orders are spécifiques to each family and it’s based on your current circumstances.
Financial Issues & Child Maintenance
Legally, both parents are responsible for the financial aspect of raising their children. Once divorced, you will need to agree on a child maintenance payment so that your child is provided for. These are a legal requirement that the main carer will receive.
Your ex-partner should pay child maintenance until your child(ren) leaves secondary education or an equivalent vocational course. It can go up to the age of 20. The money is to cover living expenses, such as food, housing and clothing.
You might be able to agree between you how much you pay. You can arrange this online via the Child Maintenance Service.
Or another option might be set out as part of the divorce settlement. C’est important that you both take the time to establish how much is both suitable for the best of your children.
Impact On Parental Rights & Responsabilités
All mothers and most fathers have legal rights and responsibilities as a parent. This is ‘parental responsibility’. In England and Wales, you both have parental responsibility during and after your marriage.
However, while you may still have it after le divorce, you don’t necessarily have a right to spend time with your children.
Remember that your ex must include you when making important decisions about your children’s lives. It could be be from anything like after school activities to their meals so it’s quite varied.
As for major decisions like their school or a potential move abroad, you must agree about in writing. You can apply for a Specific Issue Order or Prohibited Steps Order if you can’t agree on the matter. A judge will then make une décision basée on what’s best for your child.
In case of conflict, it’s worth try mediation first so that you can discuss issues in a neutral setting. Par exemple, I would seek advice from solicitors that specialise in divorce and family law.
They can help you with major decisions our even on topics such as the financial maintenance.
Bear in mind that you might be emotional during all the process but it’s vital to work out what is best for your children.
I hope this post will be useful to anyone who needs it. Remember also to get the support from your loved ones in times like this. Your community will be your best ally to go through a divorce.
Disclosure: Collaboration.
Pic sourced on Pexels.
