The moment a Child Arrangements application is issued by the Courts, a copy is not only sent to the Applicant and Respondent, but also an allocated CAFCASS worker. But what is CAFCASS and what is their role in private children’s cases?
Clients seeking legal advice about a divorce will almost always want to understand how the financial dealings and divorce process will work together.Firstly, divorce and finances are two separate legal procedures. You can have a divorce without dealing with finances, but you cannot have a full and final agreement on finances that is legally binding unless you also have a divorce. Our specialist Family solicitors will always advise you to deal with your finances at the same time as the divorce.
We have recently noticed an increasing trend in clients coming to us after they found evidence of cheating on their partner’s mobile phone or social media accounts. We wanted to find out whether snooping on your partner was common, and what people perceive as cheating, so we commissioned a survey. The research showed that a high proportion of people – 35 per cent – have checked their partner’s mobile phone, with four in ten of those doing so once a week. Perhaps most shocking was that one in five men who snoop admitted to using their partner’s fingerprint while they were sleeping to access their mobile device.
Any good family law solicitor will always advise you to deal with finances at the same time as the divorce, as otherwise either you or your spouse could make financial claims against the other in the future. The only way to have full and final settlement of finances is with a divorce AND a court order specifying how capital, i.e. property, pensions, savings, and income is to be divided.
As family lawyers we’re often asked ‘how can I apply to have my child live with me? And ‘what can I do if my ex prevents me from spending time with my child?
Separation may involve animosity between the parents and it is often difficult to make arrangements for the children to spend time with both parents. Rather than parents focusing on their rights, it is always important to consider what is best for the child. This is the approach adopted by the Court. The child’s welfare is the paramount consideration.