Here at Breakthrough Family Law, we understand divorce can be a treacherous affair for men. Our family solicitors continue to provide tailored services, with men’s divorce, child custody and fathers rights being the focus. In order to provide you with some general knowledge, we have put together the most popular questions we get asked by our male clients.
Do I have to share all my finances?
It is a general misconception that divorcing men will have to transfer majority of their assets to their wives. Should your case end up in court, the court will aim to divide assets in a fair and equal way between you and your wife. The judge will look at the needs of both you and your wife, the needs of your children and all the financial resources that are available to you. If your wife is in a financially vulnerable position, then she could receive a larger share on the basis of her needs being met. However, women are not favoured in any way. There is no automatic entitlement to spousal maintenance and women will generally be expected to become financially independent in the future rather than be given ongoing financial support. This is largely because women have as many career opportunities as men do and children can be cared for by the father and the mother, as father’s also have equal rights.
Would a divorce affect my pension?
Pensions must be brought into account and can be shared in divorce in the same way that other assets are, with a starting point of equal division. Whether your pension is shared will depend on how long you have been together and whether you paid into your pension prior to living together. Alternatively, the value of a pension can be offset against another asset, such as the family home.
Will I lose the family home?
The matrimonial home is usually the main asset that a couple own. If you have children, then the welfare of the children is important, and the Court will want to make sure they will have somewhere to live following divorce. The children can live with both you and your wife. Often this is referred to as shared care. The family may need to be sold to allow both of you to buy properties of your own. Amongst the general public there is an assumption that mothers will take on the main caring role of the children. However, this is not the case and fathers also have rights and can request to have shared care. There are various ways of working out what to do with the family home. It is generally sold, and the equity is equally divided. Alternatively, the property could be transferred to one party, with the other receiving a larger share of other assets to compensate.
Do fathers have the same rights as mothers?
Often, father’s rights regarding custody and spending time with their children have been called into question by the media but it is the view of the law that it is in the best interest of the child to have a meaningful ongoing relationship with both of their parents. Therefore, if one parent tries to restrict the other from seeing the child, they do not have the right to do this. The only exception is if there is a risk to the child’s welfare.
What if my wife does not allow me to see my children after separation?
If your wife is trying to prevent you from having contact with your children, it is possible to take court action to address this. Before the case can be taken to court however, it will be expected that mediation has been attempted, this can be challenging to achieve if your wife is unwilling to negotiate.
Do I have to go to court to get joint custody for my children?
You do not have to make a Court application if you can agree the child arrangements between yourselves. However, if this is not possible, you will need to consider mediation and following this if you are still not in agreement, you will then need to make an application to the Court for a Child Arrangements Order. The Court fee for these types of applications is £232. There will also be legal fees to consider if you wish to be legally represented in the proceedings.
How does child maintenance work?
Your wife will be expected to help out with the expenses in respect of the children following separation. The extent to which this is possible will depend on both hers and your financial situation, you are not expected to pay for everything. Child maintenance will generally be paid to the main carer by the non-resident parent and is calculated on the basis of what the non-resident parent earns. If your children live with their mother most of the time, but also stay with you for some of the time, this will be taken into account and child maintenance payments reduced accordingly. If the children are cared between you equally, depending on what you both earn, there may be no need to pay any child maintenance.
At Breakthrough Family Law Solicitors, we are specialist divorce lawyers with a high level of experience in men’s rights in divorce and child custody issues.
If you are going through a divorce or separation and you would like to speak to an expert family lawyer or a mediator, call our principal, Akash Soni, on 01494 328825 or Make An Online Enquiry.
We inspire trust and confidence in our clients by offering high-quality advice in a clear, straightforward and compassionate manner and working tirelessly to achieve the right result.
