The divorce process has become a lot simpler since the introduction of the no-fault divorce system in April 2022. Couples are able to complete the application on the government portal quickly and easily without having to provide incriminating evidence against each other to prove irreconcilable differences in the marriage. However, the legal aspects of a divorce remain the same, it is simply the application process that has become easier. Therefore, it is important that if you are experiencing difficulties in your marriage or you are considering the idea of divorce that you speak to experienced divorce solicitors in Weybridge to find out how you should proceed.
There are many factors to take into consideration including children, finances and joint ventures. A divorce can initiate significant emotional turmoil on the whole family and this can also be dealt with in a better way when experienced divorce solicitors are involved. Consult divorce solicitors sooner rather than later so that you do not experience difficulties later on in the process that may be to your detriment.
The welfare of your children
Each family’s circumstances are different and one of the first things you have to consider is the welfare of your children. As well as your own children your family may include any step children that you have bought into the marriage who have been a part of the family too. If you choose to proceed with the divorce then there are many factors to consider with regard to the children. Unless one of the parents poses a risk, an arrangement needs to be put in place that allows both parents to look after the children and spend time with them. In most cases both parents maintain joint custody which means the children will spend half of their time with one parent and the other half with the other. If this is how you wish to proceed then the arrangement can be made legally binding by your solicitors.
If you would like full custody of the children then this can be a more complex matter. Although historically the courts favour awarding custody to the mother, fathers are also able to obtain full custody if they can show that this is in the best interests of the child. The court will take into consideration any harm that your child may have suffered or is at risk of suffering as well as their physical, emotional and educational needs. Again it is important that you are represented by divorce solicitors in such cases to avoid losing custody of your child or children and making the process quicker and easier than proceeding alone.
This is a complex area of the law and can cause significant conflict and upset. It will include proving that the other parent is considered unfit to raise the child or they have a history of abuse or neglect of the child or children. The courts prefer joint legal custody as it is thought to be in the best interests of the children who get to grow up with equal influence from both parents. Instruct an experienced divorce solicitor as early on in the process as you can to help you through this difficult time in your life and to reduce the impact it can have on the children’s mental health and wellbeing to achieve a positive outcome for everyone.