FAQs

Can I take my ex husband to Court myself?

In certain circumstances, you may be able to apply to court for child maintenance under the Children Act. Examples of when you can apply are: the father is a high earner; school fees; your child has special needs; your child is disabled; the father lives abroad and does not work for a UK company; AND where you’re not married to the father but you need accommodation to live in while you bring up the child or children.

Otherwise under the current child support legislation a parent with care is denied the option of taking the non resident parent to Court for maintenance. The only other case in which the non resident parent can be taken to Court, is if there is an existing Court order for child maintenance which precedes 3 March 2003.

If the CSA are involved, it is only the Agency that can take enforcement action on your behalf. You cannot force the Secretary of State to take a particular type of enforcement action, even if it is clear that they are inefficient or have created delay in payment.

Can Resolution help us directly?

No. Resolutrion’s staff cannot give you legal advice. We can help you find the right lawyer for you in your area, but you will need to contact a Resolution member to get individual help and advice. They will be able to advise you what your options are and what the likely costs will be.

Can we both see the same solicitor to arrange a pre-nuptial agreement?

No. For the best chance of making a pre-nup enforceable you must each have had independent legal advice. Otherwise one of you could argue that you were forced into it or that you didn’t understand what you were signing.

Do I have to use the Child Support Agency?

Parent with Care

The Child Support Agency distinguishes between parents with care who are in receipt of benefit and those who are not. If a person is in receipt of a state benefit, such as income support, income based jobseekers allowance or any other benefit of a "prescribed kind", this person is automatically treated as having applied for a maintenance calculation and this effectively authorises the Secretary of State to take action to recover child support maintenance from the non resident parent. If the parent with care refuses to co-operate, whilst the CSA cannot force a parent to process an application, they can currently penalise the parent with care by reducing their state benefit.

If you are a parent with care who is not on state benefit, then no, you are not forced to use the CSA and you have freedom of choice, to either use the CSA or to make your own agreement with the non resident parent.

Non Resident Parent

The non resident parent has a choice as to whether or not to use the CSA, except where the parent with care has made an application to the Agency on a voluntary basis, or where the parent with care is on benefits (see above).

Do I need a solicitor?

You may not think you do, especially if you and your partner have agreed everything. A solicitor will be able to tell you whether your agreement is fair and how to ensure that your agreement sticks. If you have not agreed everything a family lawyer can guide you through the procedure and advise you on what a court might decide in your particular case.

Do we have to go to court?

No. A Resolution solicitor will always try to sort things out without the need to go to court. He or she will try to do this, informally, by letters, meetings or phone calls. Or formally, by mediation or collaborative law. Sometimes though, things can’t be sorted out this way and it is necessary to ask the court to sort either money or children (or both) out.

How can I be sure that the mediator won’t side with my ex?

Mediators are highly trained and qualified professionals; they do not take sides. They may ask probing questions but they are trained to be impartial throughout and to recognise if one person is more dominant than the other. They will ensure that both of you feel able to say what you want to say on an equal footing.

How can I decide whether to go for mediation, collaborative law or follow the standard process and which is cheapest?

Your solicitor will be able to discuss with you the merits of the various options and help you to choose the best one for you. Picking the best option for you and your partner may depend on factors like you and your partner’s willingness or ability to cooperate with each other, whether any violence has been involved, where you and your partner live.

The cost will depend on how quickly you are able to achieve a result and how much work your solicitor has to do on your behalf. If one of you is self employed or owns a business, expert help from accountants/financial advisors may be needed. This will add to the cost, but costs should only be incurred where they are proportionate to the result you’re trying to achieve. If you go to court, it is common for your solicitor to instruct a barrister to represent you. This does not necessarily add to your expense more than if your solicitor were representing you.

For more information please see Alternatives to Court.

How can I ensure my ex is bound by the agreement we made at the time of divorce?

You should ask the court to make an order in the terms of your agreement. You will need to supply brief details of your financial positions and provided the proposed order is fair and reasonable the court will make a ‘consent order’.

How can I find the right solicitor for me?

It is best to find a solicitor who has experience of family law cases. These days most solicitors specialise in specific areas of law, like crime or commercial matters. Resolution members are all lawyers with knowledge and experience of family law. In addition Resolution members are committed to resolving things in a non-confrontational way. Find a Resolution member.

Accredited specialists are solicitors who have passed an examination process and have demonstrated an expertise in certain areas of family law like divorce finances or issues relating to children. Find an accredited specialist.

If you are interested in mediation or collaborative law you need to choose members with specialist training in those fields. Find a collaborative lawyer or find a mediator.

Whoever you choose, you can ask for a short initial meeting to start with to ensure that you feel comfortable with your choice.