What are the risks of DIY divorce?

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A Do-It-Yourself divorce is where someone takes full responsibility in handling their own divorce without seeking professional help. Whilst a DIY divorce can save money, it also has the following risks.

The potential for an unfair financial agreement due to lack of legal knowledge and experience, or vulnerability to abuse or control.

The possibility of unenforceable legal agreements if certain clauses are included or overlooked, or agreeing to an unfair settlement that later cannot be reversed or changed.

Overlooking important legal rights or entitlements such as applying for the Final Order before a financial agreement is reached, loss of pension rights, or not understanding the remarriage trap.

Mistakes in the court process and paperwork that could result in additional costs, delays or rejections by the court.

What is the presumption of parental involvement?

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The presumption of parental involvement is a legal principle that states, unless there is a risk of harm to a child, it is in a child’s best interests to have both parents being involved in their life.

“Involvement” means any form of direct or indirect contact with a child; however, it does not guarantee equal parenting, or specify any particular division of time.

The presumption applies to all court decisions regarding parental responsibility, and child arrangements, such as who a child lives with and time spent with each parent.

What can a Specific Issue Order be used for?

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A Specific Issue Order is designed to resolve significant disagreements between parents or guardians, and can be used when they cannot reach agreement themselves.

Some common disagreements that can be resolved with a Specific Issue Order include:

Deciding whether a child should receive emergency medical care, certain medical treatments (such as blood transfusions), or vaccinations.

Disputes about education such as determining which school a child should attend, or whether a child should receive a state or private education.

Determining aspects concerning a child’s religious upbringing, religious practices, or education.

Resolving disputes about changing a child’s surname.

Granting permission to take a child abroad on holiday, or a wish to permanently move abroad.

Preventing someone from having contact with the child such as where they pose a risk to the child.

What are the different methods of co-parenting?

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Co-parenting is an arrangement where parents play an active role in raising their child, after their relationship has ended. Co-parenting can be equal, shared or focused solely on the child’s needs with minimal involvement with the other parent.

Equal parenting means a child will spend an equal amount of time with each parent, and the parents will have equal status and involvement in all parenting decisions, and make decisions concerning the child together.

With shared parenting whilst both parents jointly exercise parental responsibility, it does not necessarily mean that the child spends an equal amount of time with each parent.

Parallel parenting is where divorced or separated parents disengage from each other and focus solely on the child’s needs. It is usually adopted where parents have difficulty communicating and cooperating with each other.

Who are silver splitters?

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Silver splitters, also known as grey divorcees, are older couples who decide to end their marriage later in life, typically in their 50’s or 60s.

The main characteristics of silvers splitters are they have often been in long marriages, and their children are usually grown up, and left home. Many silver splitters have accumulated significant assets during their marriage, and are retired or nearing retirement age.

The Office for National Statistics has reported a 75% rise in “grey divorces” over the past twenty years.

I paid £25,000 for my ex-partner’s new kitchen.

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We were not married or in a civil partnership, and have now split up. They are refusing to repay me the money; what can I do? 

As £25,000 is a substantial sum of money it is likely that you have acquired an interest in your ex-partner’s property as a new kitchen is classed as an immovable home improvement which is very likely to increase the value of the property.

Alternatively, if you can show there was a shared intention that you would have an interest in the property due to your financial contribution – you may be able to acquire a percentage share in the property.

You should however take specific legal advice on the circumstances of your case.

What is a clean break?

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A clean break is a legal arrangement that cuts all financial ties between former spouses or civil partners, preventing either party from making future financial claims against the other. This can be achieved by including a clean break clause into a Court Order either by consent or by a Judge ordering it in Financial Remedy proceedings.

Once a clean break order is made, the parties do not have any ongoing financial liabilities towards each other, and the possibility of future claims on income, pensions, property, or other forms of capital, including windfalls and inheritances are ended.

What happens at a Mediation Information and Assessment Meeting?

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A MIAM is a preliminary assessment meeting to discuss mediation and other non-court dispute resolution options as an alternative to court proceedings for family disputes.

Attending a MIAM assessment is usually mandatory before making applications to court for a Child arrangements Order, or a financial order arising from divorce.

The meeting usually lasts about 45 minutes to an hour, and during that time the mediator will explain the purpose of the meeting and what will be discussed. During the meeting the parties have the opportunity to ask questions, tell the mediator about their situation, and identify the issues that need to be resolved.

If mediation is considered appropriate and both parties agree, the mediator will outline the next steps.

If not, the mediator will provide a MIAM certificate, which can be used to go to court.

Do grandparents have automatic legal rights?

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Unlike parents, grandparents do not have automatic legal rights in relation to their grandchildren, which means they cannot demand to see their grandchildren or make decisions on their behalf.

If a grandparent wishes to apply for a Child Arrangements Order, they must first seek permission from the court.

When considering whether to grant permission to make an application, a Court will consider the reasons for the application, the grandparent’s connection with the child, and any welfare concerns or risks to the child’s well-being.

When can a Child Arrangements Order be changed or updated?

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Common reasons for changing or updating a Child Arrangements Order include:

Changes in living arrangements, accommodation, or relocation to a new area.

Changes in school or work schedules, or changes to the parents’ circumstances or relationship.

Health issues affecting a child or a parent.

Concerns about the child’s welfare, or that the child’s needs are not being met.

Child Arrangements Order can be changed or updated in one of the 3 following ways:

With the parties reaching an agreement between themselves.

By reaching an agreement in mediation.

Following an application to the court for a variation order.

It is important to note that one parent should not unilaterally change a Child Arrangements Order without the court’s approval or agreement from the other parent.

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The Family Law Specialists is the trading name of The Family Law Specialists Limited, a private limited company registered in England & Wales under company number 15318261 with the registered office at, 128 City Road, London, EC1V 2NX. We do not accept service of proceedings. © The Family Law Specialists. All rights reserved.

This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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