One Lawyer: A Collaborative Approach to Separation and Divorce
Divorce and separation can often be a stressful and adversarial life event that can leave families with long-lasting emotional and financial consequences. The process of dividing assets, determining child arrangements, and negotiating support can quickly escalate into conflict, making it difficult to find a solution that is fair and respectful for everyone involved.
An alternative approach, known as the One Lawyer model, offers a way to navigate these challenges with a focus on collaboration and mutual respect. This approach can help separating couples achieve a more peaceful resolution and minimise the negative impacts of divorce, ultimately prioritising the well-being of all parties, particularly children.
In this blog, we’ll explore how a separating couple can use the One Lawyer model to help navigate financial disputes and child arrangements in a way that is equitable, respectful, and in the best interests of everyone involved.
What is the One Lawyer Model?
The One Lawyer scheme allows a single legal professional to assist both parties in a separation or divorce. This approach facilitates discussions, provides legal guidance, and helps both parties reach mutually agreeable solutions. It is especially useful in situations where communication has broken down, and couples want to avoid the adversarial nature of traditional court proceedings.
How can a One Lawyer help with Separation and Divorce?
- Neutral Facilitation: A neutral lawyer works with both parties to find common ground and guide the process.
- Minimises Conflict: By fostering collaboration, a neutral lawyer reduces the emotional strain and helps avoid contentious court battles.
Financial Resolution with One Lawyer
Dividing finances can be one of the most complex and contentious aspects of a separation or divorce. Property, investments, pensions, debts, and spousal support must all be considered. The decisions made during this phase will have long-lasting financial impacts on both parties.
How can a One Lawyer help navigate financial issues?
1. Asset Division
A neutral lawyer will assist in the fair division of assets, both tangible and intangible, ensuring that everything from property, vehicles, bank accounts, business interests, and pensions is accounted for. They’ll help both parties understand their rights and options to ensure a fair distribution.
2. Debt Allocation
Separating couples must also address how shared debts, such as mortgages, loans, and credit card balances, will be managed. A neutral lawyer can help allocate debts fairly between the parties, avoiding confusion or resentment down the line.
3. Spousal Support
Spousal support can be a contentious issue, particularly if one spouse has been financially dependent on the other. A neutral lawyer helps both parties understand legal guidelines on spousal support and works to negotiate terms that are fair and reasonable. The lawyer also assists in determining the appropriate duration and amount of support, taking into account factors such as income, standard of living, and the length of the marriage.
4. Child Support
When children are involved, child support becomes a crucial aspect of the financial settlement. A neutral lawyer ensures that child support calculations comply with legal guidelines and are based on the needs of the children, as well as the parenting arrangement. The lawyer can also facilitate an open discussion about the financial responsibilities of each parent moving forward.
By assisting in these areas, a neutral lawyer helps separating couples make informed decisions, reduce conflict, and avoid the financial strain and stress that often come with litigation.
Meet Your One Lawyer Specialist
Shelley Wales qualified as a solicitor in 2001 and is a Partner and Head of Family Dispute Resolution here at Thornton Jones Solicitors. Shelley is a qualified Family Mediator and One Lawyer service provider.
Shelley’s warm and calm demeanour helps couples who are separating and divorcing reach fair and amicable outcomes, offering reasonable and pragmatic solutions to both children and financial matters, Shelley has a wealth of experience in achieving long lasting results.
Co-Parenting and Child Arrangements
When children are involved, the well-being of the child must always be the priority. Divorce or separation can be emotionally draining, and children often find themselves caught in the middle of conflicts. A neutral lawyer can help parents develop a parenting plan that works for both parties and serves the children’s best interests.
How can a One Lawyer Help with Co-Parenting and Child Arrangements?
- Parenting Plans: A neutral lawyer helps parents create a comprehensive parenting plan that outlines the time each parent will spend with the child and addresses important decisions related to the child’s upbringing. The aim is to create a plan that is flexible yet provides stability for the child.
- Co-Parenting Support: Successful co-parenting relies on cooperation and open communication between parents. A neutral lawyer can help facilitate discussions around each parent’s expectations, needs, and evolving roles, offering advice on effective communication tools that reduce misunderstandings and prevent conflict.
- Emotional and Legal Support: Divorce and separation can be a turbulent emotional journey. A neutral lawyer offers both legal expertise and a supportive environment where parents can express their concerns and work collaboratively to find solutions that benefit everyone, especially the children.
What are the Benefits of Using a One Lawyer?
Opting for a neutral lawyer during a separation or divorce comes with several significant benefits:
1. Cost-Effectiveness
Divorce proceedings can be costly, particularly when both parties hire separate lawyers. Using one lawyer helps streamline the process, which can significantly reduce legal fees and associated costs.
2. Reduced Conflict
Divorce is often emotionally charged, and the One Lawyer model helps manage tensions by encouraging open, respectful communication. This is especially important when children are involved, as it reduces the emotional strain on them and promotes a more cooperative co-parenting dynamic.
3. Faster Resolution
Traditional divorce processes can take months or even years to resolve, especially when they involve lengthy court proceedings. Working with one lawyer allows couples to resolve issues more efficiently, leading to a quicker, less stressful conclusion.
4. Consistent Legal Advice
Having one lawyer provides consistent legal advice to both parties. This ensures that everyone has a clear understanding of their rights and obligations, reducing the likelihood of misunderstandings and disagreements.
5. Tailored Solutions
By working with one lawyer, couples can develop tailored solutions that address their specific needs and circumstances. The lawyer helps craft agreements that are fair, balanced, and mutually beneficial.
Is a One Lawyer Right for You?
This model works well for couples who wish to work together constructively to reach a fair outcome. However, it’s essential that both individuals understand and agree that the lawyer will be advising them jointly.
When One Lawyer Might Not Be Suitable:
- Domestic Abuse: If there has been any form of abuse in the relationship, the One Lawyer model may not be appropriate.
- Power Imbalance: If there is a significant power imbalance between the parties, a neutral lawyer may not be the best choice.
- Financial Transparency Issues: If one party is concerned that the other may hide financial information, the model may not be effective. Transparency and trust are crucial for this approach to work.
Even in complex financial situations, such as with pensions or taxes, a neutral lawyer can help identify when outside expertise is needed and bring in the appropriate advisors.
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How is One Lawyer Different from Mediation?
The One Lawyer model is often compared to mediation. Both involve a separating couple working with a professional to reach an agreement on financial and child-related matters. However, the primary difference lies in the role of the professional.
- Mediation: In mediation, the mediator provides assistance but cannot give legal advice. If the couple requires legal advice, they must instruct separate lawyers outside the mediation sessions.
- One Lawyer Model: In the One Lawyer model, the solicitor provides joint legal advice to both parties, eliminating the need for separate legal advice. This helps simplify the process and keeps costs down.
The cost of participating in the One Lawyer model can vary, depending on the matters which need resolving and the complexity. The trained expert lawyer will be able to provide fee information at the initial separate meeting.
Proceeding with the One Lawyer model typically depends on specific criteria. Generally, it may be suitable for separating couples in relation to financial matters and/or child arrangements following on from their separation.
The One Lawyer Scheme is most effective for cases that require consistent and ongoing legal support. It is commonly used for family law matters, such as divorce, finances or child arrangement disputes. Complex cases where multiple legal issues need to be managed simultaneously can also benefit from this approach. If you’re unsure whether your issue is suitable, it’s best to speak with the legal provider directly to determine if this approach is appropriate for your needs.
How Do I Get Started with One Lawyer?
If you and your ex-spouse or partner are interested in the One Lawyer model for resolving financial matters or child arrangements, the first step is to schedule an initial suitability assessment with a lawyer experienced in this model. For more information about how One Lawyer can help you through your divorce and separation, and to explore the other Alternative Dispute Resolution (ADR) options available to you, please call us at any of our offices to discuss your unique situation and to make an appointment.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
The Extended Family Mediation Voucher Scheme
Family Mediation Week 2025 brought attention to the importance of Alternative Dispute Resolution (ADR) in Family Law. This year, the spotlight was on the growing role of the Mediation Voucher Scheme, which supports families in resolving disputes outside of the court system. With a newly approved extension of the Mediation Voucher Scheme, even more families can now access valuable support to find peaceful, cost-effective resolutions.
What is the Family Mediation Voucher Scheme?
The Family Mediation Voucher Scheme was introduced during the COVID-19 pandemic to ease the pressure on the Family Court system, which was facing a significant backlog of cases. This time-limited scheme was designed to encourage families to consider mediation as an alternative to lengthy and costly court battles.
Under the scheme, families receive a voucher worth up to £500 (with £250 allocated per person) to contribute towards the cost of their first joint mediation session. This helps reduce the financial burden on families when resolving disputes through mediation rather than court proceedings.
What Are the Key Benefits of the Mediation Voucher Scheme?
Extending the Mediation Voucher Scheme has far-reaching benefits. Here’s why it’s such an important step for families:
- Affordability: Reduces the financial strain of accessing mediation.
- Efficiency: Helps resolve conflicts outside of court, speeding up the process.
- Less Stress: Minimizes the emotional and financial strain that comes with prolonged court cases.
- Accessibility: Supports families with child arrangements or both child and financial matters (known as ‘AIM’ or ‘all-issues’).
- Alleviates Court Backlog: Reduces pressure on the judicial system, benefiting everyone involved.
By increasing access to mediation, this extension aims to help more families achieve peaceful resolutions and avoid the adversarial nature of the court system.
How Does the Mediation Voucher Scheme Support Families?
The Mediation Voucher Scheme focuses on families with the following needs:
- Child arrangements: For parents seeking to make decisions about the care and living arrangements for their children.
- AIM (All-Issues Mediation): For families working to resolve both child arrangements and financial matters, such as division of assets and support.
These types of disputes can be incredibly stressful for families, but the Mediation Voucher Scheme provides a helpful solution that enables families to work together towards an amicable resolution.
What is the Positive Impact of Extending the Mediation Voucher Scheme?
The extension of the Family Mediation Voucher Scheme marks a significant step forward in supporting families and easing the pressure on the judicial system. By promoting mediation as the first step in resolving family disputes, this extension helps families reach quicker, more compassionate resolutions while reducing the emotional and financial toll of court cases.
More families now have the opportunity to work through their issues through mediation, avoiding a lengthy and adversarial court battle. This approach encourages long-term cooperation, especially in situations involving children.
A Step Toward a More Supportive Future for Families
The extension of the Family Mediation Voucher Scheme is a positive and much-needed development in family law. It highlights the importance of supporting families through challenging times and encourages alternative dispute resolution methods that can create lasting, peaceful solutions.
By providing greater access to mediation, we are helping families avoid the emotional and financial toll of court cases. It’s a conversation worth having, and it’s one that will continue to grow in importance as more families discover the benefits of mediation.
The Family Mediation Voucher Scheme provides families with a voucher worth up to £500 to use towards the cost of their first joint mediation session, aimed at resolving family disputes outside of court.
The scheme is available to families dealing with child arrangement issues or those seeking to resolve both child arrangements and financial matters through mediation.
The extension of the scheme will help more families access affordable mediation, reducing the need for costly court cases and helping them resolve disputes more amicably.
By encouraging families to use mediation as an alternative to court, the scheme reduces the number of cases that need to go through the judicial system, easing pressure on the courts and speeding up case resolutions.
Families can apply for the Mediation Voucher Scheme through accredited family mediation providers. Check the GOV.UK website for further details and how to apply.
We have a wonderful library of useful Blogs and articles on the benefits of Family Mediation and other options available to you when divorcing or separating. Visit our News & Views page or click on any of the links below to find out more.
Five Ways You Can Achieve a Healthy Divorce
Separation and divorce can be an extremely difficult and emotional time for everyone involved, even more so if you have children together, and it may feel to most that a “healthy divorce” is just not viable… Read more
What is Alternative Dispute Resolution in Family Law?
Alternative Dispute Resolution (ADR) provides a variety of methods which can be used to resolve family disputes outside of going to Court. ADR aims to save parties time and money, reduce animosity between… Read more
How Family Mediation can help Resolve Family Disputes
When separating or divorcing there is often tension between the couple as they embark on a journey to agree the settlement of matters such as where the children will live, how often the children will… Read more
Contact us
For more information about how Family Mediation can help you through your divorce and separation, and to explore the other Alternative Dispute Resolution (ADR) options available to you, please call us at any of our offices to discuss your unique situation and to make an appointment.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
How Can Family Mediation Help With Child Arrangements Over Christmas?
As the Christmas season approaches, the air becomes chillier and anticipation and excitement builds. The festive season is a time of joy, celebration and family get-togethers, particularly for children who eagerly await the magic of Christmas however, for separated parents, it can also be a period of stress and conflict, particularly when there is no clear plan in place for when children will spend time with each parent.
The Christmas period can become challenging and emotionally charged and something which can fill parents with dread. Navigating this time of year can be incredibly difficult.
Many families are able to put aside their differences at this time and work together to make sure that their children can enjoy the festive season with both parents and also their extended family members. At Thornton Jones, we understand how difficult it is to reach an agreement with someone who does not necessarily agree with your way of thinking or your vision.
Both parents have the same right to see their children but there is no law in place that guarantees either parent the right to have their “turn” at Christmas. There is no automatic right for you to see your children on special occasions unless, of course, there is a Court Order already in place which specifically deals with such special occasions.
Common Co-parenting Issues Which Arise Over Christmas
The three most common issues which arise over Christmas when trying to arrange time with your children are:
- Agreeing the practical arrangements for Christmas Eve, Christmas Day, Boxing Day, and New Year. Where your children be on which days and for what time periods can often cause tension and disagreements between parents.
- Formalising handover places and times. Agreeing where your children will be picked up from or dropped off, as well as the times for these exchanges can become contentious.
- Making and agreeing on the arrangements for you and your children to see wider family members.
How to Navigate Co-parenting During Christmas
Unless you have made the decision to spend Christmas together, your children cannot be in two places at once. There will therefore need to be a level of compromise. Be flexible and accommodating, whilst maintaining the children’s emotional stability. The considerations of the children should be taken into account, however you should not ask young children to make the choice themselves, this is putting too much pressure on them as children, but you should ask them their views. These are, so to speak, their arrangements after all. Keeping children informed about the arrangements their parents have agreed for them can also relieve any anxiety they may have and will allow them to enjoy the festivities without worry. You should consider the children’s needs when making plans, bearing in mind their routines, preferences and desires etc. Focus on creating a sense of stability and consistency for them, even if it means compromising on certain aspects.
Your first step should be to open up a line of communication with the other parent from a position of cooperation and conciliation – it will make decisions much easier. Remember: text messages and emails are not always the best way to communicate as the tone can be misinterpreted. Try to communicate with the other parent face-to-face if possible or, for example, via video call. There are also various parenting apps out there which aid in communication between parents.
You should plan in advance. This is to prevent any last-minute stress and/or confusion and sends a clear message to the children that both parents are on the same page. This will help prevent conflicts and disappointments later on.
What Co-parenting Options Do We Have Over Christmas?
One option is to split the three Christmas days i.e. the children spend Christmas Eve and Christmas Day morning with one parent and change at midday. The children then spend the rest of Christmas Day and Boxing Day with the other parent. You could agree to alternate this each year.
Another option is to agree to have the children for one full week each. As most school holidays are no shorter than two weeks, some parents agree that their children will spend the first week with one parent and the second week with the other parent. This could mean that the children spend Christmas with one parent and New Year with the other parent. Again, you could agree to alternate this arrangement each year.
The third option is to have two Christmas’. This is a less popular option, and quite an old-school option, but one which enables the children to have a Christmas Day with each parent. This is where a nominated day, before or after Christmas Day – possibly Boxing Day – is used by one of the parents to have their own Christmas celebrations with the children. As with options one and two above, you could agree to alternate this option each year too.
What Should I Do Is There Is No Agreement in Place for Where My Children Will Spend Christmas?
If direct discussions reach an impasse when attempting to agree the Christmas arrangements for your children, Mediation can provide a neutral ground to explore possible solutions. With the help of a trained Mediator, separated parents can work towards a plan that focusses on the happiness and well-being of their children. By focusing on the best interests of the children and working together towards a mutually acceptable solution, parents can ensure that the festive season is a time of joy and celebration for everyone.
Your next step should be to contact a Family Mediator. Please consider doing so as soon as possible to ensure that there is enough time for the process to take place prior to the Christmas period.
Although there are no strict rules over who pays for Family Mediation, it is typical for all costs to be shared equally. Your Family Mediator will set out the costs for Mediation at the outset so that you are aware of how much the mediation process will cost. The fees for mediation will vary depending on whether you are seeking mediation services for financial matters only, mediation services for children’s matters only, or mediation services for all matters. The costs for mediation will also be dependent upon the number of mediation sessions required to reach an outcome.
For eligible parties, vouchers towards the cost of mediation are available up to the value of £500 (claimed by the mediator on your behalf and apply only where discussions around child arrangements are required) through the Government’s Family Mediation Voucher Scheme.
A 2020 survey undertaken by the Family Mediation Council showed that “Mediation is successful in over 70% of cases”. This means that in over 70% of cases, separating and divorcing couples were able to reach an outcome through the use of Family Mediation and without the need to take their matter through the expensive, stressful, and time-consuming Court process.
The Three Main Benefits to Family Mediation
Mediation has several advantages over Court litigation. It allows you to maintain control of the decision-making process which can be particularly beneficial when dealing with sensitive issues such as child arrangements, especially over the Christmas period. Mediation also encourages cooperation and communication, which can help to improve the long-term relationship between parents, ultimately benefitting the children. The goal is not to win but to reach a solution that works for everyone.
Notwithstanding the many advantages that Mediation offers, the main three are as follows:-
- Costs – Costs are far less than you would expend if you were in Court proceedings
- Timescales – Timescales are significantly shorter than if you were in Court proceedings
- Outcome – The outcome is more likely to stand the test of time as it will have been reached directly between you and not by a third party i.e. a Judge who has made a decision that ultimately neither parent is happy with
The government have, for some time now, been running a voucher scheme to help towards the cost of joint Mediation sessions relating to child arrangements. This voucher is a one/off payment of up to £500.00 i.e. £250.00 per parent. This voucher can be used towards the first joint Mediation session, which then leaves a much lower balancing payment to be made, making Mediation an even more cost-effective way forward, especially in the run-up to the expensive Christmas period.
Using an experienced and qualified Mediator will assist you in reaching the best solutions for your family. The aim is to successfully establish arrangements that prioritise the well-being of your children (not just during the Christmas period). If you can do that, even if you find you are compromising with someone you dislike or are giving up your own personal views to help your children, you are doing the right thing!
BLOG: What is Alternative Dispute Resolution in Family Law?
Alternative Dispute Resolution (ADR) provides a variety of methods which can be used to resolve family disputes outside of going to Court. ADR aims to save parties time and money, reduce animosity between parties, as well as creating a more personalised outcome for families who are going through a stressful time, such as going through a divorce, dividing finances and assets, or child related issues.
A Blog by Jane Auty. Partner and Head of Family Law.
Need help with Child Arrangements this Christmas?
Our team at Thornton Jones is here to assist. If you need help and advice in agreeing and formalising child arrangements at Christmas then call us today.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Five Ways You Can Achieve a Healthy Divorce
Separation and divorce can be an extremely difficult and emotional time for everyone involved, even more so if you have children together, and it may feel to most that a “healthy divorce” is just not viable.
Achieving a healthy divorce doesn’t just help separating couples, it also greatly benefits children. Co-parenting can be difficult, especially with the raw emotion and financial worry of separating or divorcing, however trying to maintain a healthy relationship after separation is hugely important to children, their memories and experiences of being a child, and also how they go on to lead their own lives as young people and adults themselves. Children notice when their parents are under pressure, strained or upset, and it is imperative that your feelings towards your former partner are not projected onto your children.
What Are the Benefits of a Healthy Divorce
A healthy divorce helps to minimise unnecessary conflict and reduce tension at an already acutely stressful time. This promotes a cooperative and positively mutual approach to resolving issues whilst helping both parties to navigate the divorce process.
Participating in a healthy divorce can also help to preserve relationships with your former partner’s family members, which can be important, especially where children are involved. You never know when you might be in a tight situation and need someone you trust to help with the children!
Depending on the circumstances, below are some top tips for guaranteeing that you and your former partner can experience a “healthier divorce”:-
1. Prioritise Open Communication From the Outset
Communication is an enormous part of separation and divorce, especially when trying to agree a financial settlement (like what should happen to the family home etc) or the arrangements in respect of the children. Being mature, considerate and respectful may seem difficult or impossible when emotions are high and/or relations are strained, however responding to things immediately (being reactive), blaming one another and using inflammatory language is not going to resolve the issues. Behaving in this way will undoubtedly lead to heightened stress and anxiety and will make matters worse. If direct communication is challenging for you and your former partner, consider responding when you have had time to think things through, via email, specialised apps (i.e. Talking Parents or Our Family Wizard) or through your Solicitor to reduce conflict. There are also processes available to separating couples who need a little non-contentious assistance, such as Mediation.
2. Be Prepared to Cooperate and Compromise
It may be difficult to agree on how to divide your assets or make child arrangements however there are different methods of Alternative Dispute Resolution (ADR), enabling you to make informed decisions without the need for a costly and lengthy Court application. ADR such as Mediation and Collaborative Law, can assist negotiations and discussions in a controlled environment. A willingness to compromise is extremely likely to expedite the process, positively reduce conflict and set the tone for your future going forwards.
How Family Mediation Can Help Resolve Family Disputes
When separating or divorcing there is often tension between the couple as they embark on a journey to agree the settlement of matters such as where the children will live, how often the children will visit the other parent, what happens to the house, the savings, any debts, and any future payments (often referred to as spousal maintenance). This can be an emotional, stressful, time-consuming, and expensive time. This is where mediation can really help in allowing the couple to work through each matter in a calm, structured, and non-confrontational way.
A Blog by Shelley Wales, Partner and Head of Family Dispute Resolution
3. Try to Maintain a Degree of Perspective
Whilst going through a separation or divorce, it is easy to get caught up in the past and present, instead of looking to the future. Separating and/or getting divorced is an extremely emotional and stressful time however it is important to remember that it will not last forever, there is an end point. You may not be able to see it right at this moment, but there is a light at the end of the tunnel. It is always best to try to sit back and look at the bigger picture/long-term arrangements as opposed to seeking to “win” within the separation/divorce process. There are no “winners” during contested and conflicted proceedings, when it comes to mental wellbeing and health.
4. Seek the Advice of a Legal Professional
Having a Solicitor to advise you on your situation, what you are entitled to and what your next steps should be can hugely assist in maintaining a healthy divorce. By understanding your legal position, you are able to make more informed decisions, set realistic expectations, and achieve a positive long-term outcome.
Taking care of yourself – prioritise your physical and mental health by engaging in activities that you enjoy and that brings you joy and relaxation. Whilst this may be incredibly difficult, it is important to focus on other aspects of life whilst looking forward to your future and new chapters.
5. Invest Time in Taking Care of Yourself
Prioritise your physical and mental health by engaging in activities that you enjoy and that brings you joy and relaxation. Whilst this may be incredibly difficult, it is important to focus on other aspects of life whilst looking forward to your future and new chapters.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Understanding Your Divorce Entitlements: How Family Mediation Can Help You Achieve a Fair Settlement
Divorce is never an easy process, and one of the most challenging aspects can be understanding what you’re entitled to when it comes to finances and assets. Many people enter into divorce proceedings with preconceived notions of what they should receive, only to find that the reality is quite different.
This blog will guide you through the key considerations in determining financial entitlements during a divorce and explain how family mediation can facilitate a smoother, more amicable resolution.
The Myth of the 50/50 Split
A common misconception is that divorcing couples are automatically entitled to a 50/50 split of all assets. While this might be the starting point for many negotiations, the final outcome often deviates from this simple division. UK law prioritises a fair and equitable distribution of assets, which means that the needs and circumstances of both parties – and any children involved – are carefully considered. Family mediation can play a crucial role here by helping couples reach a mutually agreeable settlement without the need for protracted court battles.
Factors Influencing Financial Entitlements
1. The Welfare of Any Children
- The needs of any children from the marriage are paramount. This could mean ensuring that the primary caregiver has adequate housing and resources to provide for the children. Through family mediation, parents can collaboratively decide on arrangements that best support their children, making the process less adversarial and more focused on the children’s well-being.
2. Income and Earning Capacity
- Both your current and future earning capacities are important factors. If one spouse has a significantly higher income or greater potential for future earnings, the other may be entitled to a larger share of the assets or ongoing financial support (maintenance) to balance the disparity. Mediation offers a platform for both parties to discuss their financial futures openly, enabling a fairer agreement that considers the unique circumstances of both individuals.
3. Contributions to the Marriage
- Contributions aren’t limited to financial ones. Non-monetary contributions, such as raising children and managing the household, are also recognised. The court aims to acknowledge the value of these contributions, which might result in a more favourable settlement for the non-earning or lower-earning spouse. Through mediation, couples can ensure that these contributions are fully acknowledged and respected in their financial settlement, promoting a sense of fairness and mutual respect.
4. The Length of the Marriage
- The length of the marriage can impact the division of assets. Generally, the longer the marriage, the more likely it is that the assets will be split evenly. However, in shorter marriages, especially those without children, the court might aim to return each party to their pre-marriage financial status. Family mediation can help tailor the financial settlement to reflect the unique aspects of your marriage, considering both the length of the relationship and the individual circumstances involved.
5. Standard of Living
- The standard of living enjoyed during the marriage is another key consideration. The aim is to allow both parties to continue a lifestyle similar to that which they enjoyed while married, within the bounds of what is financially feasible. Mediation enables couples to discuss their expectations and aspirations for their post-divorce lives, facilitating a settlement that reflects the lifestyle both parties wish to maintain.
Types of Financial Orders
When determining financial entitlements, the court can make several types of financial orders. However, mediation can often help couples reach agreements on these issues without needing a court order, making the process quicker, less costly, and more cooperative.
1. Property Adjustment Orders
- These orders involve the transfer or sale of property, with proceeds being divided between the parties. The court might order the family home to be sold and the proceeds shared, or it may transfer ownership to one spouse, particularly where children are involved. Mediation allows couples to explore various options regarding the family home, potentially reaching a solution that avoids the emotional strain of selling the property.
2. Lump Sum Orders
- One party may be required to pay a lump sum to the other. This could be to balance out the division of assets, particularly if one spouse retains the family home. Through mediation, couples can negotiate lump sum payments in a way that feels fair and manageable to both parties, rather than relying on a court-imposed decision.
3. Spousal Maintenance
- Spousal maintenance (or alimony) is financial support paid by one spouse to the other after divorce. This is more likely where there is a significant income disparity or where one spouse has been out of the workforce for a significant period, for example, due to child-rearing responsibilities. Mediation provides a space for discussing spousal maintenance openly, helping to ensure that both parties’ needs are met without fostering resentment or conflict.
4. Pension Sharing Orders
- Pensions are often one of the most valuable assets in a marriage. A pension sharing order allows for one spouse’s pension to be split, shared, and transferred into the other’s name or for a lump sum to be paid from the pension pot. Mediation can help demystify the complexities of pension sharing, allowing both parties to reach an agreement that secures their financial future.
Prenuptial Agreements and Their Impact
Prenuptial agreements can play a significant role in determining financial entitlements. Although not automatically legally binding in the UK, they are increasingly given weight in court, provided they meet certain criteria, such as both parties having received independent legal advice and the agreement being fair at the time of divorce. If you have a prenuptial agreement, it’s essential to discuss its terms with your solicitor to understand how it may impact your entitlement to assets and financial support. Mediation can also be a valuable tool for discussing the implications of a prenuptial agreement, potentially preventing disputes from arising in the first place.
Blog: Five reasons why you might need a Prenuptial Agreement
It may seem odd, or even counter-intuitive, to be discussing separation and divorce at a time when you are finalising your wedding plans, but with around one third of marriages ending in divorce, statistics should prompt you to at least consider what the financial outcomes might be were you to divorce.
A Blog by Jane Auty, Partner and Head of Family Law
The Importance of Legal Advice and Mediation
Navigating the financial aspects of a divorce can be complex and emotionally taxing. It’s crucial to seek independent legal advice tailored to your specific circumstances. A solicitor specialising in family law can help you understand your rights, negotiate a fair settlement, and, if necessary, represent your interests in court. However, before heading to court, consider family mediation as a first step. Mediation can provide a more amicable, cost-effective way to resolve disputes, allowing you to maintain control over the outcomes rather than leaving them in the hands of a judge.
Final Thoughts
Divorce can bring financial uncertainty, but understanding what you are entitled to can provide some reassurance. The process involves careful consideration of multiple factors, from the needs of any children to the length of the marriage and the contributions of both parties. Mediation offers a way to navigate these complexities with less conflict, fostering a cooperative atmosphere where both parties can work towards a mutually beneficial settlement. Remember, the goal is not to penalise or reward but to ensure a fair distribution of assets that allows both parties to move forward with financial security.
If you’re going through a divorce, ensure you have the right legal support to guide you through this challenging time. At Thornton Jones Solicitors, our experienced family law solicitors are here to help you understand your rights and secure a fair settlement. And if you’re looking for a less adversarial approach, we also offer family mediation services to help you reach an agreement that’s in everyone’s best interests.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Navigating the Financial Disclosure Process in a Divorce: Where Do You Start?
Divorce can be a challenging and emotional time, with a lot to think about. One of the most significant aspects of the process is sorting out your finances. But where do you start? Understanding the financial disclosure process is crucial in ensuring a fair settlement, and in the UK, this often involves completing a Form E.
This blog will guide you through the key steps to prepare for a meeting with your solicitor, helping you gather the necessary financial information efficiently.
What is Form E and Why is it Important?
Form E is a comprehensive financial statement required in divorce proceedings in the UK. It is used to disclose all assets, liabilities, income, and expenses. Whether you are negotiating directly, attending mediation, or going to court, Form E plays a vital role in reaching a financial settlement.
Why Should You Prepare in Advance?
While your solicitor will provide a blank Form E and a checklist, preparing the necessary documents in advance can save you time and money. Certain documents, such as pension valuations, can take weeks or even months to obtain, potentially delaying the entire process.
What Should You Prepare for Your Solicitor?
1. Pensions: How to Get Your Cash Equivalent Transfer Value (CETV)
Pensions are often the most time-consuming financial documents to obtain, especially public sector pensions like those in the NHS, which can take months. To avoid delays, request your CETV from your employer as soon as possible.
- Request CETVs for all pensions: You will need to contact each pension provider to obtain a CETV for every pension you have.
- Track down lost pensions: If you’re unsure how many pensions you have, visit the HMRC or the Government Pension Tracing Scheme website to locate any previous pensions. Your previous employers may also help identify which companies hold your pensions.
2. Property: What Do You Need to Disclose?
When completing Form E, it’s essential to disclose all properties you own, whether jointly or solely, including land and buildings.
- Valuation of the family home: Obtain a valuation from a local estate agent.
- Mortgage redemption statement: Provide a statement detailing the current mortgage liability and any early repayment penalties.
- Estimate sale costs: The form will require an estimate of the sale costs, typically around 2% of the property’s value.
- Ownership status: Most couples own property as ‘beneficial joint tenants,’ meaning a 50% share each. However, note that the final settlement may differ from this starting point.
3. Bank Accounts: Which Statements Are Required?
You need to provide 12 months’ worth of bank statements for every account you hold or have a beneficial interest in.
- Include all accounts: This includes current, savings, and joint accounts.
- Investment statements: You must also provide statements for any investments, such as ISAs, shares, and premium bonds. It’s helpful to gather these documents from your bank or online banking.
4. Income: What Documentation Do You Need?
Form E requires you to disclose all sources of income, which includes employment earnings, benefits, dividends, rental income, and more.
- Wage slips and P60: Provide your last three months’ wage slips and the most recent P60.
- Other income sources: Include documentary evidence for all other income streams.
- Income anomalies: Detail any irregularities, such as a one-off bonus that may not be repeated. You’ll need to estimate your net income for the next 12 months, considering all potential changes.
5. Valuation Evidence: What Personal Belongings Need to Be Valued?
You must provide valuation evidence for personal belongings worth over £500.
- High-value items: This includes jewellery, watches, artwork, antiques, and significant furniture or house contents.
- Vehicles: Provide valuations for any vehicles you have an interest in. An easy way to do this is by using instant valuation websites like ‘We Buy Any Car’ and submitting a screenshot or email of the valuation as part of your financial disclosure.
Why is Timely Preparation Crucial?
While this blog outlines the primary documents you need to gather, it doesn’t cover everything required for Form E. The financial aspect of a divorce can be lengthy, but by preparing early, you can avoid unnecessary delays and additional costs.
Conclusion
Divorce is never easy, but understanding the financial disclosure process can help ease the burden. By following these steps and preparing your documents early, you can ensure a smoother and more efficient path towards a fair settlement. If you’re ever in doubt, your solicitor is there to guide you through every step of the process.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Which School Should We Choose For Our Child?
Around this time of the year, often an issue that separated parents face is deciding what school their child should attend. This is a big decision in your child’s life, and it is important to start the discussions with the other parent as early as possible and even have a look all the potential schools together to see if an agreement can be reached.
There are several issues that need to be considered when determining which school your child should attend, including whether or not you live in the catchment area for that school and whether there is a place for your child at your choice of school.
If there is a disagreement between you and the other parent, then ideally you should try and resolve matters via mediation to save the expense, delay and hassle of going through the Court. However, if an agreement cannot be reached at mediation or via other methods of alternate dispute resolution, then you need to consider carefully what you want the Court to decide on.
Given this is a specific issue you want the Court to determine, then you will need to make an application to the Court for a Specific Issues Order and ask the Court to decide which school your child should attend. You may feel it is necessary to apply for a Prohibited Steps Order, these orders can prohibit the other parent from changing the child’s school.
A Specific Issues Order (SIO) is a legal mechanism under UK family law, specifically provided for by Section 8 of the Children Act 1989. It allows the court to make decisions about a specific aspect of parental responsibility or a particular issue concerning a child’s welfare when parents or guardians cannot agree.
A Prohibited Steps Order (PSO) is another legal mechanism under UK family law, provided for by Section 8 of the Children Act 1989. It is designed to prevent a parent or guardian from taking specific actions regarding a child’s upbringing without the court’s consent.
There are however often a few misconceptions when it comes to how parents may choose the school which their child should attend. Here are some of the common myths:
I am the parent that the child lives with so I do not need to consult the other parent.
This is incorrect. If you have “Parental Responsibility” (PR) for your child, you have a say in which school your child should go to, this is regardless of who the child lives with.
The Court can order for my child to attend a school outside of the catchment area.
It is often a misconception that the Court can order for a child to attend a school outside of their catchment area. The Court will not make an order directing the Local Authority to change their standard policies and procedures regarding school admission.
Both parents can make separate applications for the same child’s school admission, to the same or different local authority.
In our experience if both parents make applications, the local authority is able to quickly identify that two applications have been made for the same child. As a result of this the Local Authority will subsequently put both applications on hold until an agreement can be reached, or an order is made by the Court. However, if this is not done within the Local Authorities deadlines for school admissions, your child may be at risk of not having either application processed. This can result in your child not getting a place at a school in their catchment area, especially if the school is oversubscribed.
The Court will deal with my application urgently.
If you make an urgent application to the Court regarding your child’s schooling, the Court may not deal with your application urgently. This is because the family Court already has very long lists of cases and the Judge considering your application may not feel your case is urgent (compared to the other cases before the Court). This can cause a delay in your court application being processed and potentially not being heard before the deadline provided by the Local Authority.
Conclusion
If you and the other parent are having issues, it is important that you discuss this before the school admissions process starts. If an agreement can be reached, then only one parent needs to make an application for the child. If an agreement cannot be reached (either via solicitors or mediation), then you will need to make an application to Court as soon as possible.
When considering such applications, the court’s paramount concern is the welfare of the child in question, and any order made will be based upon what the court considers to be in the child’s best interests. Some of the factors the court will consider are the wishes and feelings of the child (dependent upon their age and understanding), their physical, emotional, and educational needs, the likely effect of any change of school upon them, their age, sex and background – and any harm that the child may be exposed to.
Given that the requirements are met (so the school is in your catchment area or is a school offered to your child by the Local Authority) for more than one school, the Court will decide which school your child should attend. Please note the Court cannot order a school to give your child a place.
The Court will look at why you want your child to go to the school of your choice, as well as information about the school including the Ofsted rating, how close the school is to where the child lives, what other attachments the child has to that particular school (such as friends, siblings, cousins that already attend the school or will be attending). Once the Court has decided on the school, the application can then be made for a place at that school. Your child must attend the school ordered unless both parents agree on an alternative or the Court makes a further Order.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
How Has the Cost of Living Crisis in the UK Affected Divorcing Couples?
The cost of living crisis in the UK has profoundly impacted various aspects of life, including the emotional and financial dynamics of divorcing couples. As inflation rises and household budgets are stretched thin, the complexities of divorce become even more challenging. Here, we explore how the economic strain has reshaped the landscape for couples navigating the end of their marriages.
Financial Strain and Legal Costs
One of the most immediate effects of the cost of living crisis on divorcing couples is the heightened financial strain. Legal fees for divorce can be significant, and with the increasing cost of living, many couples find it harder to afford these expenses. Solicitors, mediators, and court fees all add up, often leading couples to delay proceedings or seek more cost-effective alternatives such as DIY divorces or online services.
The financial burden does not end with legal fees. Divorcing couples must also grapple with the division of assets, which is complicated by fluctuating property values and inflation. For instance, the value of a shared home may have decreased, reducing the equity available for division. Conversely, increased mortgage rates can make it challenging for one party to buy out the other, leading to prolonged disputes and financial uncertainty.
Housing Challenges
Housing is one of the most significant concerns for divorcing couples, and the cost of living crisis has exacerbated this issue. With rental prices and mortgage rates on the rise, finding affordable housing becomes a daunting task. For many, the prospect of maintaining two separate households on the same income that previously supported one is daunting. This often forces one or both parties to downgrade their living arrangements significantly, which can be a tough adjustment, particularly if children are involved.
In some cases, couples are forced to remain living together even after deciding to divorce, simply because they cannot afford to move out. This can lead to increased tension and conflict, making an already stressful situation even more unbearable.
Impact on Children
Children are often the most vulnerable in a divorce, and the cost of living crisis adds another layer of complexity to their well-being. Parents may find it difficult to maintain the same level of financial support, leading to changes in lifestyle and potentially reducing opportunities for extracurricular activities, vacations, and other non-essential expenditures that enrich children’s lives.
The financial instability can also affect arrangements for child maintenance and support. With the cost of everyday essentials rising, non-custodial parents may struggle to meet agreed-upon payments, leading to legal disputes and emotional strain. Custodial parents, on the other hand, may face increased pressure to cover additional expenses, adding to their financial burden.
Increased Tensions and Mental Health
The stress associated with the cost of living crisis can exacerbate tensions between divorcing couples. Financial difficulties are a significant source of conflict in marriages, and these issues do not disappear during divorce. In fact, they often intensify, as couples negotiate the division of debts and assets under tighter financial constraints.
This heightened stress can take a toll on mental health. Anxiety, depression, and other mental health issues are common during divorce, and the added pressure of financial insecurity can worsen these conditions. For some, the combined stress of divorce and financial instability can lead to a sense of hopelessness and despair, affecting their ability to cope with the demands of the process.
Navigating the Crisis: Practical Advice
While the cost of living crisis presents significant challenges for divorcing couples, there are practical steps that can help manage the situation more effectively:
- Seek Mediation: Mediation can be a more cost-effective and less adversarial alternative to traditional divorce proceedings. Mediators can help couples reach mutually agreeable solutions, potentially reducing legal fees and emotional strain.
- Financial Planning: Engaging a financial advisor can help both parties understand their financial situation and plan for the future. Advisors can provide guidance on budgeting, asset division, and managing debt, which is crucial in a time of economic uncertainty.
- Explore Housing Options: Researching alternative housing solutions, such as shared accommodations or living with family temporarily, can alleviate some of the financial pressures. It’s important to consider all available options to ensure both parties can secure stable living arrangements.
- Prioritize Mental Health: Seeking support from therapists or counsellors can help manage the emotional toll of divorce and financial stress. Mental health professionals can provide coping strategies and support systems to navigate this challenging period. Importantly – look after yourself!
Mediation is a process in which a neutral third party, known as a mediator, assists divorcing couples in negotiating and reaching a mutually acceptable agreement. The mediator does not make decisions for the couple but facilitates communication and helps them explore options and solutions. Mediation can be less adversarial and more cost-effective than traditional divorce proceedings, making it a popular choice for couples seeking an amicable separation.
Conclusion
The cost of living crisis in the UK has undeniably added complexity to the already challenging process of divorce. Financial strain, housing issues, and the impact on children and mental health are significant concerns for divorcing couples. However, with careful planning, professional support, and a focus on practical solutions, it is possible to navigate these challenges more effectively. By understanding the unique pressures of the current economic climate, couples can make informed decisions that will help them move forward towards a more stable and hopeful future.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Can I Vary A Child Arrangements Order?
A Child Arrangements Order sets out where a child lives and the time they spend with each parent or guardian. However, circumstances can change, and there may come a time when the Order needs to be amended. Below, we answer some key questions about the process of varying a Child Arrangements Order.
Changes to a Child Arrangements Order can arise for various reasons. A parent may relocate, working patterns might alter, or a child’s needs could evolve over time. In some cases, one parent (or guardian) may feel the current arrangement is no longer in the child’s best interests. Understanding the process of modifying an Order can help ensure that any changes are handled legally and in a way that prioritises the child’s well-being.
What is a Child Arrangements Order?
A Child Arrangements Order is a legally binding Court Order that determines where a child lives, who they spend time with, and how often. These Orders replace the previous concepts of “residence” and “contact” Orders. The primary focus is always the child’s best interests, and the Order is designed to provide stability and clarity for all parties involved. The majority of final Child Arrangements Orders have a Warning Notice (also referred to as a Penal Notice) attached. Both parties will have been made aware as to what this means, at the time the original final Order was made.
How do I start the process of amending a Child Arrangements Order?
The first step is to discuss the proposed changes with the other parent or person who has Parental Responsibility. If both parties agree, the Order can be amended without Court intervention. However, if an agreement cannot be reached, an application to the Family Court will be necessary. If a Warning Notice was not attached to the original Child Arrangements Order, it will be necessary to apply for this at the same time. An application to Court involves completing the relevant Court form and submitting it along with the appropriate fee, unless a fee exemption or reduction applies (Help With Fees). It is important to provide evidence to support your request for a variation to the original Child Arrangements Order, which may include documentation or witness statements that outline why the change is necessary.
Is Mediation required before applying to the Family Court?
Yes, in most cases, the law requires individuals seeking to amend a Child Arrangements Order to first attend Mediation. A Mediator will assess whether Mediation is suitable for resolving the dispute. The Mediator will do this at initial separate appointments. If appropriate, you will both be invited to a joint session. If Mediation is unsuccessful or deemed unsuitable, the Mediator will provide a certificate that must be included with the Court application.
Should I try to reach an agreement before going to Court?
It is always advisable to attempt discussions with the other person or parent with Parental Responsibility before making a formal application. This can help narrow the issues and potentially avoid the need for Court proceedings. It is also important to consider the practical implications of any proposed changes and how they will affect the child.
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How does the Court decide whether to allow changes to the Order?
The Court’s primary concern is always the child’s welfare. Judges apply the ‘Welfare Checklist’ set out in the Children Act 1989, which considers factors such as the child’s needs, wishes, and any potential impact of the proposed changes. The Court will only approve amendments if they are deemed to be in the best interests of the child or if the Court believes that making an Order would be better for the child than not making one.
Do I need legal advice before applying?
Seeking legal advice can provide clarity on the process, help assess the likelihood of success, and ensure that the application is properly prepared. Legal professionals have expert knowledge of Family Law and Court procedures, which can be invaluable in navigating this process effectively.
Yes, if both parents (or those with Parental Responsibility) agree to the changes, there is no need to proceed to Court. Another option is that the altered agreement can be formalised into a Consent Order by a solicitor and submitted to the Family Court for approval, which will make the Order legally binding (if approved by the Court). However, if there are disagreements or concerns, Mediation is recommended before considering a Court application.
If one parent breaches the Order without a valid reason, the other parent can apply to the Court to enforce it. The Court can only make an enforcement Order if it is satisfied, beyond reasonable doubt, that a parent has failed to keep to the Child Arrangements Order. The Court cannot make an enforcement Order if it is satisfied that the person had a reasonable excuse for failing to keep to the Child Arrangements Order. The Court has a wide range of powers in the event that it is deemed that an unreasonable breach has occurred, including a referral to Mediation, a referral for attendance on the Planning Together For Children course (previously called the Separated Parents Information programme), a contact enforcement Order/suspended enforcement Order (unpaid work), fines or compensation, or, in some cases, altering the Order itself (which could include a more defined Order and/or reconsideration of the living arrangements of the child). The Court also has the power to order the non-complaint parent’s committal to Prison.
Yes, a child’s wishes and feelings are taken into account, particularly as they grow older. The Court considers the child’s age, maturity, and understanding when deciding whether their preferences should influence the arrangements. However, the final decision is always based on what is considered to be the child’s best interests, which is often led by Cafcass (Children and Family Court Advisory and Support Service) – if required – making certain recommendations to the Court.
Contact us for expert advice Child Arrangements Orders
If you are considering applying to vary (amend) a Child Arrangements Order, our experienced Family Law team can guide you through the process, including Mediation and Court applications. Contact us today for expert support and advice or click here for more information about our Family Law services and fees.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
