Regardless of who has parental responsibility, the parent with whom the child spends less time is required to contribute financially to their children’s maintenance. If you are the parent with whom your child spends more time (perhaps the child is living primarily with you and spending time with the other parent) and you are not receiving child maintenance, a solicitor can advise you about how to secure the payments. If the child or children spend equal time with both parents, there may be no payment due.
If you consider that your marriage has broken down irretrievably you can apply for a divorce, provided at least 12 months has elapsed since you married. You no longer have to explain the circumstances surrounding the breakdown in the marriage (such as the other party’s unreasonable behaviour or adultery) or otherwise wait for two or more years before starting the process.
The shortest possible period from application to final divorce is 26 weeks but circumstances mean it could take longer. Often parties will wait to complete the final stage of the divorce process after their financial arrangements have been agreed.
The court charges a fee of £593 for an application to dissolve (end) a civil partnership.
- If you then reach an agreement between you as to the financial arrangements upon dissolution (i.e. how you will divide your assets and any ongoing financial support between you), the charge for the court approving your agreement to make it binding is £53
- If you are unable to reach an agreement as to your financial arrangements, you can apply for the court to adjudicate. The court fee to start that process is £275
The above court fees are payable whether you use a solicitor or handle the dissolution yourself. Legal fees cover the cost of things like the solicitor or mediator’s time advising you, preparing documents and representing you at Court (if required).
Depending on your individual circumstances, you may have to pay additional Court fees or be entitled to fee exemptions.
Domestic violence or domestic abuse can include any incident of threatening behaviour or violence and is a criminal offence. Types of domestic violence include:
- Physical abuse/violence
- Emotional abuse
- Financial abuse/control
- Psychological abuse
- Sexual abuse.
Controlling or coercive behaviour in intimate or familial relationships is a criminal offence where the behaviour has a serious effect on the victim. Examples of controlling or coercive behaviour can include acts of domestic violence, but also includes:
- Isolating a person from their friends or family
- Depriving them of this basic needs
- Monitoring their time
- Monitoring them via online communication tools
- Taking control over aspects of their everyday life
- Repeatedly putting them down
- Enforcing rules and activity which humiliates and degrades
An occupation order is a type of order that the court can make, that regulates who is entitled to live in a property. An occupation order can:
- Exclude someone from the home altogether,
- Restrict the right of someone to live in the home
- Regulate how the home is used – setting out who can use which parts of the home and when
- Define who is responsible to maintain the home
- Who should pay rent, mortgage instalments, other outgoings and bills
- Who should keep the home and contents secure.
A non-molestation order prohibits someone from behaving in a certain way towards another person. Each non-molestation order will be tailored to address individual circumstances. If you have applied for a non-molestation order it can, among other things:
- Forbid violence against you
- Prohibit someone coming within specified distance of you, your home or your place of work
- Prohibit someone from communicating with you, except through your solicitors.
Mediation is when an independent and professionally trained mediator helps you work out an agreement with your former partner about issues such as:
- Childcare arrangements
- Finances- including pensions, dividing your assets and financial support
- Houses and property – such as your family home, or buy to let investments
In the first session known as a MIAM (Mediation Information and Assessment Meeting) you will have an opportunity to meet the mediator individually and the process will be explained to you. After you have both attended an individual meeting, there will be a first joint meeting with the mediator. They will then get you and your partner to talk in a constructive way, and encourage you to start looking at options and ideas. In this way they are often able to help you find a workable solution, and one that can become part of a legal document.
A mediator's role is not to advise the parties, and you may benefit from independent legal advice alongside mediation.
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