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Children and separated parents, family law, parenting, family court, contact order, child arrangement order, residence order

What is Parental Responsiblity?

Parental responsibility is really important. It is the legal rights and responsibilities a parent has for a child and what gives legal recognition to you being a parent.

If you have parental responsibility you will be responsible for:

Providing a home for your child;
Protecting and maintaining your child (although parents without parental responsiblity also have a duty to financially support thier child)
Choosing and providing for your child’s education;
Making decision in relation to your child’s medical treatment;
Naming and agreeing to any change of name;
Looking after your child’s property.

Exercising parental responsibility, that is making decisions about your child should be done in agreement with all others with parental responsibility. This is usually straightforward if you are in a relationship with the other parent, however for separated parents it can be challenging.

Parental responsibility and separated parents

Having parental responsibility for a child you do not live with, does not automatically mean you have a right to spend time with them. However, the parent with who the child lives must consult others with parental responsibility when making major decisions about your child.

You do not need to be consulted about each day to day decision, however when it comes to important matters such as schooling or moving abroad, both parents should reach an agreement. It is sensible to record this in writing.

If an agreement can’t be reached you can apply to the court for a specific issue order or a prohibited steps order.

You can find out more about this and get the relevant court forms here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

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.

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How to make a joint application for divorce

Step 1: Apply online

Whilst you may wish to instruct a professional, you do not need a solicitor to prepare the divorce petition, you can do this yourself. Whilst I do often prepare divorce applications, particularly in cases I am advising on the children and finances, the divorce application itself is relatively straightforward and most people will find they are able to complete it themselves.

You can access the divorce application portal here:

https://www.gov.uk/divorce/file-for-divorce

Please ensure you use the gov.uk website and not any other. There are many “divorce provider” websites who will charge you a fee for submitting the application on your behalf.

The court fee for applying for a divorce is currently £593. If a website asks you for further funds you are likely in the wrong place.

You can make a paper application, however I strongly recommend you apply online, it is quicker and you are less likely to make a mistake on that form.

In terms of making the application, one party will take the lead as Applicant 1, they will start the application. Applicant 2 will then fill in their information and finally Applicant 1 will then submit the application to the court.

Applicant 1 will be responsible for paying the court fee, the system does not make it possible for it to be split between the parties, therefore if you want to share the costs you will need to do this separately.

Step 2: The court starts the divorce process

After your application has been submitted, it takes 2 weeks before the process officially begins, this will trigger the 20 week reflection period.

The reflection period is in place firstly to allow the couple to change their minds about the divorce and secondly to make arrangements for their children and finances.

Step 3: You jointly apply for the conditional order

After the 20 week reflection period, you can jointly apply for the conditional order. (Previously known as the Decree Nisi).

Step 4: The court reviews your application for a conditional order

When your application for the conditional order is received by the court, a legal advisor will review your application. If they approve your divorce, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order. This step takes one to two weeks.

Step 5: The court grants the conditional order

The date of the conditional order will be around 4 to 5 weeks from the certificate of entitlement.

Once the court grants the conditional order, the second compulsory waiting period begins, this time for 6 weeks. This stage is significant as it is only when the conditional order has been granted that you are permitted to submit any financial orders such as a consent order or clean break order in relation to any financial agreements you have made.

Step 6: You jointly apply for the final order

After a minimum of 6 weeks have passed you can apply jointly for the final order (previously known as the Decree Absolute) to finalise your divorce.

Step 7: The court grants the final order

The court will issue the final order a few days after your application. A copy will be sent to both of you and this final order means you are officially divorced. You will need to keep this order safe, as you will need it in the future as proof of your divorce.

Can we make a joint application for divorce?

Yes, recent changes to the law mean that for the first time it is possible for a couple to apply jointly for a divorce. Whilst it is still possible to apply individually, a joint application is likely to be the best option in most situations.

Making a joint decision to apply for a divorce can be seen as a positive step forward when a relationship has broken down. Rather than one person taking the lead and the other perhaps feeling ambushed or shocked, a joint application ensures that both parties are well aware of the divorce from the outset and will feel fully involved and are more likely to engage with the process.

If you can start the divorce process in a (relatively) amicable manner, when you are both emotionally ready to proceed, it is much more likely that you will then be able to deal with resolving your finances and the arrangements for your children in a smoother manner.

When applying jointly for a divorce application, one person will take the lead – Applicant 1, the other will be Applicant 2. If at some point during the process your relationship deteriorates significantly or one person is not engaging with the process, it is possible to switch to an individual divorce application so that progress can be made.

I’ve set out in more detail the process for applying jointly in another blog.

family law, parenting, family court, contact order, child arrangement order, residence order

New legislation raises minimum age to marry to 18 in England and Wales

Previously people (children) could get married at 16 to 17 as long as they had parental consent.

This new law applies to regulated marriages as well as unregulated ceremonies that are not registered with the local council.

The penalty for adults who facilitate the marriage of an under 18 includes up to 7 years imprisonment and a fine. The penalties do not apply to any children involved.

Significantly the rules are to apply to marriages abroad so will include adults who take children out of this country to facilitate a marriage.

The bill has sailed through Parliament with little opposition and will receive Royal Assent later this week.

The new legislation will not affect the validity of any marriages or civil partnerships that took place prior to the new law coming into force.

This change is not UK wide, in Northern Ireland and Scotland the minimum age for marriage remains at 16, in Northern Ireland you still need parental consent but in Scotland it is not required.