Children and divorce

Three separate processes

When people say “divorce,” they often mean everything that happens when a marriage ends. But legally, there are three separate processes, each handled independently.

The divorce ends your marriage on paper. Financial proceedings - The legal process for dividing money, property, pensions, and other assets after divorce. Also called financial proceedings or ancillary relief. divide your money, property, and pensions. Children arrangements decide where your children live and how much time they spend with each parent. You can deal with all three at the same time, but each one has its own forms, its own process, and sometimes its own court hearings.

Where your children will live

The court expects you to agree between yourselves wherever possible. Most parents do. If you cannot agree, you must attend a MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation. (Mediation Information and Assessment Meeting) before you can apply to court. A £500 government mediation voucher - A government scheme offering up to £500 towards the cost of family mediation. Available for eligible disputes about children or finances. is available for child-related disputes.

If you do need to apply to court, the fee is £263 for a child arrangements order - A court order that sets out where a child lives and how much time they spend with each parent. Replaced the old residence and contact orders.. The court will always put the child's welfare first. There is no automatic presumption that children live with one parent. The law says both parents should be involved in their children's lives unless there is a risk of harm.

Read our full guide to children arrangements →

Child maintenance

Child maintenance - Regular payments made by the parent who does not live with the child to help with the cost of bringing the child up. Usually arranged through the Child Maintenance Service. is the money the non-resident parent pays towards the cost of raising the children. It is calculated by the Child Maintenance Service - Child Maintenance Service. The government body that calculates and collects child maintenance payments if parents cannot agree arrangements themselves. (CMS) using a formula based on the paying parent's gross income.

The basic rates are: 12% of gross income for one child, 16% for two children, and 19% for three or more children. These rates are reduced if the children spend a significant amount of time with the paying parent (shared care).

You can agree maintenance between yourselves (a family-based arrangement), or either parent can ask the CMS to calculate and collect it. The CMS charges fees for its collection service.