Going through a divorce can be a lengthy and difficult process, no matter whether the reasoning be congenial or not. However, before applying for a divorce, there is one matter that should always be considered first and foremost, and that is whether you will have any children that will be affected by a decision.
As a parent, it is your parental responsibility to provide a suitable home for your child or children as well as protect and maintain their wellbeing. These responsibilities must be upheld even in the event of a separation. More information is available regarding parental responsibility here.
During a divorce, then, a suitable and agreeable (if you and your partner wish to avoid court hearings) parent plan must be created to determine how each parent will support the child or children with their best interests in mind - you can speak to your divorce lawyer about making this agreement legally binding. We’ve detailed below some of the key things that this should include.
Part of your parental responsibility is to provide a home for your child or children. You and your partner will need to agree who they will live with once you have separated, assuming you will not remain cohabiting.
Certain considerations should be taken into account when making said decision, such as how close each of you will be to their school, what you’re working hours and responsibilities are and if you will be able to be present to look after them outside of school times, if they have any preference on which parent to live with, just to name a few examples.
Once you and your partner have decided which parent they will live with, then you will need to decide how much time the other parent will spend with them. For example, will they have a set day or number of days per week or month to stay over at the other parents, or will the other parent come and visit them?
If there have been examples of abusive behaviour from one parent, whether directed at the child or children or not, then this may be grounds for them to not be allowed to see them., though communication may still be allowed/agreed.
Whether you live with your child or not after separating from your partner, you will still be responsible for financially supporting them. The amount of money you must pay in child support is based on both the income each parent has and the ratio of other ways each parent is supporting them. For example, the parent the child or children lives with, will need to afford food, clothes and school supplies for them, which the other parent could then have to contribute to this in an equal proportion based on each parent’s income.
If you and your partner are currently discussing getting a divorce and you live in South Devon, then Almy & Thomas Solicitors can help you.
Our professional and experienced team are aware of how difficult this process can be, which is why we offer divorce support, guidance and professional legal advice throughout, including advice on parental rights and custody arrangements.
Get in touch with us today to arrange your initial, free 30-minute consultation with one of our professional divorce lawyers.