How do I choose a divorce lawyer?

Choosing the right solicitor for your case is absolutely crucial. Divorce is a stressful and expensive experience and you need to ensure that you have a solicitor who provides sound legal advice and will be supportive throughout the process.

Cost will be a major consideration when deciding who you want to work with. Legal fees are expensive and charges will vary depending on the solicitor’s experience and location. Whilst some providers offer a fixed fee for undertaking straightforward elements of the case (like preparing the divorce application), most contentious work is charged for at the solicitor’s hourly rate and the amount of time it takes them.

Whilst cost is a big consideration, you should not just be lead by price alone but find the person who is the right fit for your case.

If your divorce is complicated you should consider working with a more senior solicitor, someone who is more experienced. Although their hourly rate will be higher than a more junior solicitor their experience means that they will take a strong lead on your case with less chances of delays and problems occurring.

If you have a straightforward matter you probably don’t need to instruct a solicitor with 20+ years experience and the matching hefty hourly rate.

It is not uncommon for clients to feel extremely angry and hurt when they first instruct their solicitor. Often they are furious and with their ex-partner and want to “make them pay” or “take them to the cleaners”. It is rare that conducting a case in such a way will benefit you, whilst you may get some early satisfaction at the outset conducting the matter in such a way, it is usually much better overall to resolve the separation as quickly and painlessly as possible with minimal costs. Finding a solicitor who you can trust to explain your options and guide you through that process is crucial.

When choosing your solicitor it is really important that you build a good rapport with them. Make sure when you first meet them or speak to them that you feel comfortable with them or you may find it difficult to work with them going forward. You will have to share a lot of personal information with this person and there may be some really difficult conversations along the way so having a good working relationship is crucial.

It is worth investing some time to find the right solicitor for you at the outset of your matter. If you have doubts, speak to another solicitor and see if they feel like a better fit. It can be expensive to change solicitors during the divorce process so it is best to make sure you have the right person from the beginning. A lot of solicitors offer a reduced fee or a free initial meeting or telephone call. You can usually tell quite quickly when speaking to someone if you think you will be able to work with them. They will also want to ascertain that you are the right client for them and make sure they can help you.

Remember the role of your solicitor is to provide you with legal advice, to explain your rights and obligations and guide you through that process. In most cases you will also benefit from support from a counsellor and of course also from your friends and family. Divorce is a traumatic and stressful life event. Consider using a trained counsellor help you work through the emotional side of things and support you with issues you may have with your ex-partner such as anger or mistrust. Make sure you are only paying your solicitor for their legal expertise and that you are seeking emotional support from others.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you. 

Parenting Plans

What is a Parenting Plan and do I need one?

Separation and divorce are a difficult experience for the whole family and it is crucial  for parents to prioritise any children involved.  For most families, parents will want to ensure that despite the big family changes you are all experiencing, your children continue to know they are loved and that they can spend consistent quality time with both their parents and extended families. 

The best way to achieve stability for the children is to agree a Parenting Plan with the other parent.  Whilst the end of a relationship is traumatic and it is likely both parents are feeling hurt, it is still your responsibility as parents to make arrangements for your children.  It is you, the parents who know your children best and it is crucial to try and set aside disputes about who is to blame for the end of the relationship, financial difficulties and worries about the future and focus on ensuring your children enjoy a quality relationship with you both.  

As parents your lives will be forever intertwined through your children.  You can end your relationship but you will still need to raise your children together and particularly when your children are young, you will need to find an effective way to communicate and to effectively co-parent to enable you provide them with the stability and nurture they need to grow and thrive.  Even as your children get older, your lives will remain interconnected with graduations, weddings and possibly grandchildren to enjoy alongside one another one day.  

What is a Parenting Plan?

A Parenting Plan is a written agreement worked out between parents after they separate and it covers the practical issues of co-parenting, providing a framework for discussions and an opportunity to detail the arrangements which suit your own individual children’s needs. 

Is a Parenting Plan legally binding?

A Parenting Plan is not legally binding, it is however possible to make it into a legal document by asking a solicitor to formalise it into a “consent order”.  

Whilst a Parenting Plan does not carry the same status as a court order relating to the children, in the event that at a later stage there was a disagreement which resulted in an application to the court, an agreed parenting plan would be taken into consideration.

How do I make a Parenting Plan?

How you agree a parenting plan will depend on your personal situation.  If you are able to meet face to face to sit down together and chat through the practical arrangements that is great, however that is simply not possible for everyone.  For some people it would be inappropriate to meet up in person, particularly in cases where there has been domestic abuse, or where one individual may feel intimidated by the other. Or, as is often the case, emotions can be too raw at the beginning of the separation process for you to have a constructive conversation about day to day issues.    Involving a professional in the process such as a mediator can be really helpful.  They will be able to facilitate conversations, keeping you focused on the main issues and ensure you both are heard and they can  help you find a way forward.

What should I put in the Parenting Plan?

Each parenting plan should be unique to the family it relates to.  All families are different and as parents you know what your children need best.  I recommend that you use a template as a starting point and edit it to suit your individual needs. I strongly recommend you visit the Cafcass website for further information and a parenting  plan template.

https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parenting-together/parenting-plan/

When starting to consider your parenting plan, bear in mind that the separation process is not straightforward or quick, it is likely to take many months to disentangle your relationship, to resolve all the financial matters and for both parents to sort out their own long-term living arrangements.  Take the plans for your children one step at a time, focussing first on the immediate short term arrangements, then looking at the medium term and longer term once your family finances and longer term arrangements are in place.  Your plan can and should change as your family adjusts and you find the best way to coparent.

When preparing your parenting plan you need to consider the following

1. Living and Childcare Arrangements

One of the big decisions you will need to make will be whether there will be a main place that the children live and how much time they will spend with each parent.  An agreement is also needed as to how you should share time with the children during the school holidays and for special occasions. Term-time and holiday time may look very different.   Get hold of the school calendar and consult it, it can often come as a shock to a parent who is not so involved in the day to day care as to how much time the children do not spend in school and thought needs to be given as to how this will be shared.  Often special occasions can be a source of conflict, if you find this a sticking point a simple way to deal with them is to alternate them eg. you have your children for Christmas Day this year, next year they will be with the other parent.   

You should also give some thought about the practical arrangements of pickups and dropoffs and how the children’s clothes and belongings will be exchanged. Will separate clothes be kept at each home or will items travel back and forth? Who will wash the school uniforms?  These relatively minor issues can be a source of real difficulty later as one parent grows frustrated with the other.  An early agreement about what is expected can save difficulties later on.  

Your arrangements also need to take into account the children’s usual activities and social lives.  Check that the arrangements enable the children to continue to see their extended family as maintaining those relationships is important and they can be a source of continuity and comfort to the children during the disruption of their parents’ separation.  Don’t be afraid to ask friends and family to help with the arrangements, a grandparent doing a pickup or dropoff for an initial period on behalf of a parent may avoid the potential for parental conflict when emotions are running high during those early days.

2. Money and the Children

Once you have agreed where the children are going to be spending their time on a day to day basis you need to consider how you will both support the children financially. How can you share day to day costs for clothes, school trips, music lessons etc? If financial issues are being resolved as part of the divorce process this can be a tricky issue to address in the early days.  Whilst the long-term financial position is unclear, I suggest you focus on making short term arrangements at this stage putting the conflict about the long-term arrangements to one side and prioritising the children’s immediate needs. 

You should build in annual reviews as your financial positions and children needs change.   You may wish to consult the Child Maintenance Service website to explore how they would calculate child maintenance if an agreement can’t be reached between parents.

https://www.gov.uk/child-maintenance-service

3. Your Children’s Education

You will need to notify the children’s school about the changes at home.  It is important you update contact details on their records to ensure you both receive communications and updates from the school and the school also know who the first contact is in an emergency.  You will also need to review the contact details held by your GP, dentist etc.  

Take a pause and consider whether there any big decisions required shortly in relation to education as you don’t want to forget closing dates for any school applications etc. With all the disruption you are currently experiencing it is easy to overlook sending in an application. Even if a school choice is a few years away, if you are in agreement now  it may be worth recording the intention in your parenting plan and who will be responsible for the application to avoid confusion and potential conflict later. 

It is really worth considering  putting in place  some therapy or counselling for your children.  The breakdown of their parents’ relationship is a big change for children and putting extra support in place for them can be really beneficial in the longterm. If your children are upset and distressed this will add significant more stress to your separation.  If possible, try and take this further and consider individual therapy for both parents and  family therapy.  I appreciate that the expense for counsellors and therapists comes at a time when family finances are likely to be stretched, however, it will benefit you all if your family finds a way to get through the separation process in as positive way as possible and able to communicate effectively about your feelings and wishes going forward.  

4. Communication

Particularly in the early days of separation, it is sensible to set out ground rules about communication. Emotions are raw and discussions about child arrangements can quickly turn into arguments about finances and the separation which are best avoided.

With the exception of emergency situations, at least to begin with, contact should be strictly limited to what is necessary and take place via email where possible.  Keep communication about the children to just that topic, don’t allow yourself to stray in to finances, your relationship etc, deal with that separately.  You need to put clear boundaries in place so that you can communicate about the children effectively and with time this will become easier. My preference for email is that I find people tend to think more carefully when writing an email than when firing off What’s App and text messages.

Define what constitutes an emergency and ensure you answer your phone when the other parent calls with an emergency.  Some discussion on this topic helps set expectations, do you expect a call if the child has a fever, a doctors appointment?  Understanding what the other parent anticipates wants to be informed about will prevent difficulties and misunderstandings later. 

You will need to find an effective way to communicate routinely about the children.  Thankfully there are an array of products to assist such as handover books and apps.  These are really worth investing in, particularly in the early days until things settle into a routine and you find your own way forward.

5. Other issues

There will be an array of matters to consider which will be unique to your family which I have not mentioned here such as religious education , medical decisions, boundaries in relation to bed time and school work etc.  I have linked to the Cafcass template above which should help identify things that might crop up but ultimately it is you and the other parent who know what is most important for your children and where decisions and boundaries need to be recorded.  

Running through potential future issues at an early stage before they have arisen can help you discuss matters more objectively.  If you have a professional involved all the better, take advantage of their input and deal with future difficulties early.  One major future issue will be new partners and how and when they will be introduced to children.  It will be easier to discuss this whilst it is  still a hypothetical scenario rather than later when it becomes a reality and a likely emotive topic. 

6. Reviews

Your parenting plan will need to be reviewed regularly as your children and their needs will change with time.  Timetabling a regular review is helpful such as once a year (around the time school calendar comes out is helpful as you can plan the future arrangements around school holidays etc.). In addition to setting out the holiday arrangements for the year, it will give you a chance to discuss any big decisions in relation to the children that are coming up and discuss what is working well or what could improve. If you find meetings or discussions difficult you can continue to make use of a mediator to facilitate this. 

Agreeing a Parenting Plan may initially appear overwhelming but my experience is that setting out clear arrangements for the children early on will benefit the whole family and minimise scope for conflict going forward.  The use of a professional mediator will really be of benefit to help your discussions.  If an agreement can’t be reached and legal proceedings are necessary to obtain a child arrangement order, this will be far more costly, stressful and slow than the initial investment in a mediator. 

Let me know if this has been helpful, DM me and I will do my best to answer any other family law questions you have.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you. 

Can I get divorced without my marriage certificate?

To get a divorce in England and Wales, you must provide the court with a copy of your original marriage certificate.

If you have lost it, or your ex-partner won’t give it to you this can be a problem to getting the divorce process started. If you haven’t got your original marriage certificate, you will need to get a certified copy marriage certificate..

This is relatively straight forward, you can do this by applying to the General Register Office.

Details on how to apply can be found here:

https://www.gov.uk/order-copy-birth-death-marriage-certificate

There is a fee of £14 for the service and you can pay extra for a next day option.

If you were married outside of England and Wales, you will need to contact the relevant authorities in that country to obtain a copy of your marriage certificate. The country’s embassy is a good place to start, they should be able to direct you to the right agency.

If your marriage certificate is not in English, you will need to provide the court with a certified English translation when making the divorce application.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you. 

Understanding the Divorce Process – The 3 elements to a divorce

There are three elements to the divorce process:

1. Dissolution of the marriage

This is the legal process to formally end the marriage. It includes filing a divorce application, obtaining a Conditional Order and then a Final Order. (Formerly known as Decree Nisi and Decree Absolute).

2. Childcare arrangements

If you have children then you will need to make arrangements on how you will co-parent them. Ideally you will make these arrangements informally between yourselves without the involvement of solicitors. If you are finding it difficult to discuss the arrangements with your ex-partner the use of a professional mediator may assist you in moving things forward. If an agreement can be reached should record this in a parenting plan so it is clear what has been agreed. This should reduce the scope for disagreements later. If arrangements for your children cannot be agreed you should seek legal advice about applying to the court for a child arrangement order.

3. Financial arrangements

This tends to be the most difficult part of the divorce process and will require some input from a legal professional. If possible, you and your partner should try and reach an agreement as to how you will divide your assets, debts and pensions and where you will both live. If you can’t reach an agreement yourselves you should instruct an independent mediator to help you reach an agreement. In order to be legally binding this agreement needs to be formally recorded in a court order called a “Consent Order”, you will need a solicitor to prepare this document and you should both have independent legal advice about the order.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you. 

Does it matter if a father is named on a child’s birth certificate?

YES!

I’m often asked if it really matters if a child’s father or other parent is named on their birth certificate. In the chaos of bringing home and caring for a new baby, a trip to the registry office can fall down the list of priorities, but it is important to make sure the birth certificate is fully completed properly.

Being named on a birth certificate or not can have a big impact on a parents “parental responsibility” which I have discussed in a previous post. In brief, parental responsibility is really important, it is the legal rights and responsibilities of a parent.

You need to register your baby’s birth within 42 days of the birth at the local registry office. Most hospitals are pretty good at giving you instructions for your local process at discharge, if in doubt check your Local Authority’s website.

I am going to be addressing the position for opposite-sex couples in this blog. It is slightly different for same-sex couples, which is dealt with in the “Who can register a baby’s birth?” blog.

If the mother and father are married or in a civil partnership at the time of the child’s birth the father automatically acquires parental responsibility when the child is born.

Difficulties arise when the parents are not married nor in a civil partnership. In that scenario, the father does not automatically acquire parental responsibility, if he is not named on the birth certificate he isn’t legally recognised as the father. This has the potential do cause real difficulties for him if he wants to play a role in his child’s life.

Can the father be added to the birth certificate later?

Yes.

How this is done will depend on whether the mother agrees to his name being added and the birth re-registered. This is only relevant for unmarried, non-civil partners.

If the mother is in agreement, the birth certificate can be re-registered with the General Register Office (GRO). The mother and father will need to provide a statutory declaration to the GRO from the mother confirming that the father is the child’s father.

You can get the statutory declaration form here:

https://www.gov.uk/government/publications/statutory-declaration-of-acknowledgement-of-parentage-form

If the mother is not in agreement to the father being added, the father will need to make an application to the court seeking a declaration of parentage. This may involve a DNA test being undertaken to establish paternity if this is not accepted. Once established, the court will notify the GRO and the birth certificate will be re-registered including the father’s details. Father will not acquire parental responsibility in this case but will need to take a further step.

Parental responsibility agreement

A parental responsibility agreement (PRA) is made between the child’s father and mother and will provide the father with parental responsibility when the parents are unmarried or not in a civil partnership. A PRA is only needed where the father isn’t named on the birth certificate or his name was added via re-registration following a declaration of parentage from the court. A PRA can only be made if both parents consent to it. Once made it should be submitted to the court and then sent to the GRO.

You can get the parental responsibility agreement form here:

https://www.gov.uk/government/publications/form-cpra1-parental-responsibility-agreement

Parental responsibility order

A parental responsibility order is made by the court and will provide the father with parental responsibility. It is only necessary where the father is not named on the birth certificate and the mother is unwilling to either re-register the birth certificate with the GRO or lodge a parental responsibility agreement with the court. If a declaration of parentage has been made by a court then a parental responsibility order will also be required to give the father parental responsibility.

Details on how to apply for a parental responsibility order can be found here:

https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

Follow me for more family law advice and DM me if there are any particular topics you would like me to address and I will do my best to cover them.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.