What types of agreements can be made/enforced with respect to children?

These arrangements include maintenance payments, where the children will live, contact arrangements and future plans for the children. Divorce lawyers can assist in the creation of this document to ensure it meets the requirements of divorce law.

The statement of arrangements for children must be signed by the petitioner and can be signed by the respondent as well if they have reached the agreement together. Divorce solicitors can help the couple divorcing come to an agreement about the welfare of their children. The court will examine the statement of arrangements and determine if it is fair to the parties and represents the interests of the child. This is a fundamental part of divorce law. This agreement is not legally binding on the parties, but the court can refuse to grant a divorce if they are not satisfied with the arrangements for the children. Divorce solicitors can offer their expert advice on this aspect of the divorce petition.

Every parent has a legal obligation to provide financially for their children regardless of whether the children live with them or not. This obligation is known as the obligation to pay child maintenance. Parents can make a private agreement regarding child maintenance without the need for the court’s interference or the help of the Child Maintenance and Enforcement Division (CMED). This component of divorce law must be paid close attention to. Divorce lawyers can help the couple divorcing come to an agreeable child maintenance arrangement.

A private agreement should cover how much each payment should be, who is making the payment, and when it will be paid. The agreement should also cover payments ‘in kind’ such as lessons, holidays, fees etc. If the parties wish to make the private agreement legally binding and therefore enforceable, they can apply to the court for a consent order. Divorce solicitors can assist with this application. The court will require a ‘statement of information’, which outlines the parties’ financial positions. If the court feels the agreement is fair they will grant a consent order. A divorce lawyer can explain any conditions that the court imposes on the order it issues.

If the parties cannot agree on child maintenance or one party is failing to adhere to the private agreement, a party can contact the statutory child maintenance service. This service administers the statutory child support maintenance scheme, which is enforceable. There is a statutory formula to determine how much a parent should pay for child maintenance and the CMED has the authority to collect and enforce these payments. Anyone faced with a demand for payment is advised to contact a divorce lawyer as soon as possible to ensure their best interests are maintained.

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