Recent changes to modernise the law mean that couples now have more power to make these decisions themselves and aims to ensure that both parents are involved in bringing up their children and can agree on who sees them, and when.

So exactly what is involved – and how can you achieve the best outcome for your family?

What are the changes to the law? 

New family laws introduced in April 2014 via the Children and Families Act were designed to encourage divorcing couples to be less confrontational, to avoid going to court where possible – and to put the child’s best interests first.

A key feature of the Act is the introduction of a Child Arrangements Programme which applies when a dispute arises concerning arrangements relating to children.

The programme promotes joint parental responsibility and consensus about where children would live – and how often they would see both parents. If parents are unable to reach an agreement outside of the courts, the programme seeks to resolve a dispute in order to avoid prolonged delays.

How do the changes differ to the previous system?

Prior to the introduction of Child Arrangements Orders, judges used to issue residence and contact orders ruling which parent the child would live with – and how much contact they would have with the other parent.

These residence and contact orders have been replaced with Child Arrangements Orders which encourage both parents to be involved in the decision-making process and to agree on what is best for their child.

Before thinking about a court application, both parents are required to attend a Mediation Information and Assessment Meeting (MIAM) – a 45 minute meeting with a trained mediator to establish if mediation will be suitable rather than going straight to court.

What if the other party refuses to attend a MIAM? 

If the other party – referred to as the Respondent – refuses to turn up to the meeting a court can order them to attend and can adjourn proceedings until this requirement has been satisfied.

What issues should you consider during the decision-making process?

It is usual to try to keep children settled in the family home wherever possible to minimise disruption to their daily lives.

A constructive approach through the divorce or separation will lay the best foundations for the children to feel settled with the new family relationships. This is exactly why the approach taken by the Jones Myers team will work well for you. Our depth and breadth of experience – coupled with our sensitivity and professionalism – can help you to achieve the very best outcome for the whole family.

What happens after the meeting?

Following a MIAM, some couples may find mediation useful to help them agree on childcare arrangements. If mediation isn’t considered suitable, your case will go to court where a judge will rule on where your child should live.

Who can apply for Child Arrangements Orders?

Anyone with parental responsibility such as the child’s parent or guardian can apply for an order. Grandparents or other family members can apply with the courts permission.

If you have any concerns or queries about Child Arrangement Orders or any matter relating to children and divorce then please call us on 0113 246 0055, leave us a comment below or drop us an e-mail. You can follow us on Twitter at @helpwithdivorce

The post What the new Child Arrangements Orders mean for separating parents appeared first on Jones Myers.

The lack of Legal Aid for most family law matters means that couples now have to fund their own divorces. This has left unprecedented numbers of people representing themselves in family courts, even in complex cases.

We have written previously about our concerns that public funding cuts are leading to a two tier family law system.  Sound, professional support to guide couples through their separation and help them to resolve financial and children’s matters, should not be the preserve of the very rich and should be accessible and affordable for those who need it.

Divorce is a ‘distress purchase’ – that is an expense you haven’t budgeted for. So how do you fund a solicitor and the expenses associated with the process?  Here are five options which we recommend you discuss with your lawyer at a first meeting as some of these may not be appropriate or available:

1. Use savings or investments

If you have savings they may not be earning much interest so you could use them to pay for legal advice. You could also cash in ISAs or other investments; however do take independent financial advice regarding any such action and any potential tax consequences. If savings or investments are in joint names you may be able to reach agreement that certain funds be set aside to cover each party’s legal costs.

2. Find a firm that specialises in litigation funding

There are litigation funding firms throughout the UK who offer credit schemes to fund the cost of a lawyer and all costs associated with the divorce. If you don’t have savings, are unable to borrow the money from another source, or have a low credit score, then this could be an option – although rates of interest are likely to be on the high side. You can find out details from us or from an independent financial adviser (IFA). Resolution, the association that represents 6,500 collaborative family lawyers nationally, including Jones Myers, has recently launched an online option with one such company.

3. Use a Sears Tooth Agreement

Under a Sears Tooth Agreement you sign a deed to assign your financial settlement to your solicitor, who takes out their costs – including any court fees, third party costs and related expenses – before you receive your capital. This is not a popular option with law firms because of the potential risks involved because if you don’t receive the expected settlement they could be out of pocket.

4. Draw on loans and credit cards

A bank loan with a competitive interest rate can be an effective way to fund legal costs. However, a bank will check your credit rating and will want assurance that you can meet the monthly payments.  Funding your divorce on your credit card will incur high interest rates if you make minimum monthly payments – although this could be a solution in the short term or as a last resort. Some credit card companies offer 0% interest for six or nine months which is worth considering if a financial settlement is likely to be agreed in the same timescale as the interest free period.

5. Ask your family 

Although you may see turning to your nearest and dearest as a last resort because you are concerned about burdening them, a family member may be willing to help out with a loan until you receive your financial settlement. Be realistic and upfront about what you want – if you need £2,000 than say so at the outset, and spell out in writing that it is a loan and how – and when – you will pay them back.

You can keep costs down if you and your ex are both prepared to take a non-confrontational approach to your break-up.  Using collaborative lawyers will avoid court battles and the lawyers will steer you through your separation and divorce, helping you to reach agreements that suit you both.

If you have any concerns or questions about how to fund your divorce call us on 0113 246 0055, leave us a comment below or drop us an e-mail. You can also follow us on Twitter: @helpwithdivorce.

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