Divorce can be an extremely trying time for everyone involved, regardless of whether you have prenuptial arrangements in place involving your financial situation and children. It can be a heavy burden on everyone both emotionally and financially and most people would rather work through their differences amicably in order to move on and leave the relationship behind them.
This is the aim of divorce solicitors in London who are focussed on achieving amicable resolutions between their client and their partner. A non confrontational and constructive approach that adheres to the ‘Code of Practice’ usually tends to create more positive outcomes both financially and emotionally for all parties involved.
When a couple separates, there tends to be more people affected than just the couple, even if you don’t think it to be true. Divorce solicitors in London have come across numerous cases in which they have needed to involve the input of other family members so that a peaceful resolution could be agreed.
Especially in separations involving children, more needs to be thought about than simply the desires of the two people who are separating. We make sure that children are at the centre of all discussions and that their needs come before all else. Their wishes have to be considered and we make sure that they do not feel too negatively impacted by the proceedings. By keeping in mind the needs of the children above all else, families are able to work together to find the best arrangements that they can at a difficult time.
What can we do for family members?
Depending on the situation, we are able to support different family members in obtaining the rights that they deserve when it comes to protecting and seeing their family. Our lawyers receive enquiries daily from fathers who are unsure about their legal position when it comes to their children, and seek advice and support regarding seeing their children more, or having more involvement in their lives.
Many fathers do not know their rights whether they are married, divorced or unmarried. We are here to provide you with information if you are going through a divorce, or if you are contemplating a separation and want to understand your rights well ahead of time.
When a relationship does break down, children more often than not end up living with their mother. This means that the father needs to arrange contact with the child. Depending on the stability of the couple and the relationship between father and child, this can be a mutually agreeable situation or it will need the support of the courts to work out and finalise.
When a mother is given custody of a child, this makes no impact whatsoever on the rights of the father in any way. However if the father is not married to the mother of their child, they do not have automatic rights of parental responsibility to their child.
Parental responsibility is the term coined for having the right, duty, authority and responsibility to make important decisions for the well-being of a child. This could be deciding whether they receive a certain medical treatment, what school they should attend or what religion you would like them to follow for example.
Divorce solicitors in London are able to determine whether you have this parental responsibility which is the cornerstone of gaining access and having rights to making decisions for your child. One of the first conditions that we can easily look at is the date of birth of your child.
If they were born after the 1st December 2003 and you are named as their father on the birth certificate then whether you are married to the mother of the child or not, the current law states that you are able to gain parental responsibility.
However if your child was born before this date then the scenario needs to be looked at in a different way. We are able to support fathers in both situations and provide them with valuable advice that can allow them the opportunity to spend quality time with their children that they both deserve.
How can parental responsibility be obtained?
There are currently three ways in which we can assist fathers in obtaining the parental responsibility that they seek. The first way is entering into an agreement with the child’s mother. This is by far the easiest way as it does not require the attention of the courts to decide upon certain factors. Both mother and father understand the importance of the input of both parents and if it is possible, we seek this course of action first.
If it is not possible by mutual agreement, then we can assist the father in formally applying to the court for a Parental Responsibility Order. There are other ways in acquiring these rights which include marrying the mother or applying for a residence order.
We will discuss your personal situation and provide you with our recommendation as to what we believe is the best course of action for you and your family. Whether you are being denied contact with your child, you are seeking information regarding your options for future reference or you simply wish to legalise an agreement that you have with the mother of your child, we have specially trained professionals here to advise and support you every step of the way.
The way we do things matters
We all adhere to the ‘code’ which means that whenever possible, we seek to resolve issues amicably between separating couples so that matters are concluded faster, are generally more cost effective and are less stressful emotionally on all members who are involved.
When working diplomatically through concerns that both separating partners have, it is likely we are able to come to an agreement that works well for every party involved. We take every individual situation into account although at times it may not be possible to act on them, but we work in this way when we can.
By speaking to us as for any advice that you need, you are able to receive up to date information regarding the current laws and bespoke support on how you can approach the situation to have it work in your, and your child’s favour.