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Our solicitors at Glanvilles have a wide range of skills when it comes to dealing with children and finances. Our solicitors pride themselves on their expert knowledge and practical approach which is required when dealing with financial provision for children.
Married and unmarried couples do not have the same legal rights on the breakdown of a relationship. This becomes more apparent when there are children who need to be provided for and there is a dispute about the family home.
It is often possible to reach a constructive agreement with your ex-spouse about how to fairly calculate child maintenance payments so that your children are financially taken care of. This can be done privately or through other methods such as mediation.
Any issues in relation to maintenance for children can only be dealt with by the Child Support Agency if an agreement is not possible. The Court does not have the power to order child maintenance, other than in exceptional cases.
If the child's primary carer requires financial assistance from the other parent, an application can be made to the Court under Schedule 1 of the Children Act 1989.
The Court can make various orders, including:
Before the Court would make such orders, it would have to consider the financial position of both parties. As in matrimonial financial proceedings, full and frank financial disclosure will be required.
Having to pay child maintenance is not dependent on whether you are married or not - both parties have a legal responsibility to financially support their children.
Due to this, the Child Maintenance Service (CMS) has created a framework to help calculate child maintenance payments, and to ensure that both parents are making regular contributions.
Child maintenance arrangements can be made as a private matter between the two parents or via the CMS, depending on the specifics of the situation. If you feel that your ex-partner is not providing adequate financial support for your children, you can contact the CMS, who will help to rectify this.
All fathers in the UK, unmarried or married, are legally obligated to pay child support apart from in very specific circumstances. This is because marital status does not affect a father’s financial responsibility for his child. The CMS’s framework is available to help calculate how much a father should be paying depending on his financial situation and their services are available to help enforce this.
When a couple who are not married or in a civil partnership with children split, the legal process differs from those who are married/in a civil partnership. The unmarried couple will not have to go through the formal process such as divorce or civil partnership dissolution. However, with regard to any children involved, there will still need to be provisions put in place to ensure the children’s overall well-being.
The main priorities in these cases will be those that regard the child arrangements, such as residence and financial support. Both parents will maintain legal rights and responsibilities towards their children, including financial responsibility.
Matters regarding property and the division of assets are best resolved through negation or mediation, however, they can also be resolved through litigation if the latter does not yield any productive results.
It is important to note that unmarried fathers may be required to acquire parental responsibility if they have not done so already, as unmarried couples are not granted the same instantaneous rights as married couples. In these situations, it is highly recommended to speak to an experienced family solicitor who will be able to inform you of all of the complexities of this situation, as well as briefing you on all of the rights and responsibilities available to you.
Our family law solicitors have years of experience in this field and have guided many clients through the separation process as an unmarried couple. We understand that this process can seem exceptionally daunting as unmarried couples are not afforded the same rights that married couples have, so we are here to take the load off your shoulders. We will take care of any complex documentation that needs to be completed, whilst working with you to figure out the best possible options for your specific situation. We are also at hand to help with the intricacies of the separation process, such as deciding on the best solutions to child arrangements, child maintenance and division of any shared property.
Our solicitors take a compassionate and sensitive approach to these matters, ensuring that your concerns are heard and addressed. We will also keep you fully informed throughout the entire process, so you won’t have to worry about any last-minute surprises.
To get in touch with one of our friendly and professional solicitors, you can call one of our offices in Chichester, Fareham, Havant or Petworth or alternatively, you can email us at hello@glanvilles.co.uk.
You can also use our easy-to-use contact form and one of our staff will be in touch shortly. Our family law solicitors will be happy to answer any initial queries you may have.
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