Children in Divorce

It’s often said that it’s impossible to divorce without harming the children. While it is true that divorce and children are not an ideal mix, it actually is possible to minimize children’s upset and disruption – as long as you take the right approach.

The Divorcesolicitor.com team’s combined experience has enabled us to strike the right balance between a tough approach when it’s called for and the ever-present need for sensitivity. With that in mind, we encourage an out-of-court solution whenever possible.

It’s a popular misconception that the courts automatically make orders whenever children are involved. In fact they adopt the ‘no order principle’ wherever they can, encouraging parents to come to an agreement about the children – and only making an order if the parents can’t agree.

That said, children will of course feature at a certain point in the divorce proceedings – the Judge looks at whether the arrangements for the children are suitable and whether or not the Court needs to become involved. If not then it makes a Section 41 order. This is simply a general certificate of satisfaction and in many cases it’s the only document concerning divorce and children.

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