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They’re the most important thing in our lives and the need to put their wellbeing first when they’re involved in legal proceedings is enshrined in UK law. When you take this into consideration, it should come as no surprise to hear that we’re regularly asked how the divorce process will be affected when dependent children are involved.

Previously, any divorce petition that was submitted to the court was accompanied by a Statement of Arrangements for Children form or, as it was more commonly known, a D8a. Within this document, the Petitioner was required to describe the arrangements that were in place for any children or stepchildren of the marriage, along with any maintenance payments, the schools the children attend etc.

The purpose of this document was to allow the judge that reviewed the divorce application to ensure that the couple had produced suitable arrangements for any children that may be affected by the divorce and, most importantly of all, that the children would not suffer any detriment as a result of the divorce being granted.

Over time, however, it became clear that this was not necessary and a completed D8a form is no longer required when someone wants to initiate a divorce. In fact, it is now no longer necessary to provide the court with any information concerning children that could be affected by the divorce – something which frequently comes as a surprise to our clients.

One of the most common misconceptions of not just divorces involving children, but the entire divorce process itself, is that the courts will determine where children should reside as part of the proceedings. This is not only something that the courts do not do as part of the divorce process, it’s something they try and avoid doing altogether.

As we’ve stated previously, the fact that the wellbeing of children takes precedent over others is enshrined in family law in the UK. As it is ultimately better for a child when their parents can agree contact arrangements without the need to involve the courts, they will not become involved unless they are explicitly asked to. In short, the negative residual effects court proceedings can have on children has been recognised and are therefore, whenever possible, avoided. Unless one of the children’s parents formally requests that a contact/residence order be granted or a third party (such as social services) raises concerns, the courts will have no reason to have any involvement in ruling on where a child lives, how often they’ll see their non-resident parent etc.

Do you have questions about how children affect divorce applications or anything else concerning the divorce process in England or Wales? If you do, click here to get in touch with Quickie Divorce today.