Once your divorce has come through you a free to move on with no more legal proceedings to worry about and commence your new life, right? Sadly, not always. There are some circumstances after a divorce where you will need to go through more legal proceedings, especially when there are children from your marriage. Here are a few examples of when you need to consider the law after your divorce:
Many divorce settlements include maintenance payments, from one party to the other. This is to provide support if one party has not been working during the marriage and is unlikely to be able to earn enough to support themselves and any children. Maintenance payments can have a set end date, so the date at which the receiver should be self sufficient. However, if it is unlikely that one party will ever be self sufficient for some reason, then maintenance payments can be open-ended.
When the receiving party becomes self sufficient, it is only natural for the ex spouse to want to end maintenance payments. This can be in the case of cohabitation, new marriage or other reasons. These are referred to as ‘barder events’. The request to end maintenance can be met with resistance, in which case it will go back to court to find a solution.
One parent moving overseas
Child support can still be enforced even if the other parent moves overseas. If your ex spouse who pays you maintenance is moving abroad then they may not be able to evade paying you maintenance. Laws have changed, but they are exceptionally complicated, so consult a good family lawyer if you find yourself in this situation.
When the main parent wishes to move abroad
If the main carer of the children wishes to move abroad with the children, but the other parent opposes this decision, then the case will have to go to court. The laws surrounding these cases are complex, but focus on the welfare of the child and the reasons for the move. There is no hard and fast solution and cases are examined on an individual basis. A family lawyer will be required for the court hearing.
One parent moving within the UK
In some cases even a move within the UK of one parent will result in a court hearing if the parents can not come to a satisfactory arrangement. These tend to be exceptional cases where the welfare of the child is uncertain.
If you are going to take your children on holiday abroad, then you must get written consent from the other parent. These cases can also end up in court if the circumstances demonstrate a risk that the children will not be returned from their holiday.
In all these cases you will need a good family lawyer to help you through the murky waters of the family law courts.