Drug use or alcohol addiction is taken very seriously by the court in child arrangement cases, and if a parent has such a history, it will certainly make it more difficult to gain child custody. But it is not impossible. The family court’s first consideration is in relation to the child’s welfare and safety. So protecting them from physical and psychological harm is fundamental to any decisions it makes.
Drug use or alcohol addiction is taken very seriously by the court in child arrangement cases, and if a parent has such a history, it will certainly make it more difficult to gain child custody. But it is not impossible. The family court’s first consideration is in relation to the child’s welfare and safety. So protecting them from physical and psychological harm is fundamental to any decisions it makes.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Naheed Taj. Naheed is a highly acclaimed family solicitor with a successful track record in dealing with complex and challenging family law, divorce, and child cases.
Is a stay at home mum/dad considered equal to the main earner?
When assessing each party’s contribution to the marriage, the court has made it extremely clear that parents who do not work outside the home in paid employment are on an equal footing with the main earning spouse. Stay at home mums and dads may not contribute financially to the family’s bank account, but they do make an equal contribution to the welfare of the family, and are therefore considered equal.
The result here is that stay at home parents, or the financial weaker party, could be entitled to receive more of the other’s income or assets if this would make the settlement fairer. Often, the financially stronger party will be ordered to make ongoing spousal maintenance payments in order to meet their ex’s needs.
The court’s decision will take into account the individual circumstances of each case when settling a financial dispute. For example, a 52 year old woman who has not worked for the duration of her 32-year marriage may struggle to find a job and support herself financially. She might therefore expect to receive a greater share of the matrimonial asset pot than a 25-year-old who earns a similar income to their ex and can easily start again.
What is a stay at home mum or dad entitled to in a divorce?
What rights each party has to the matrimonial home will depend on the case at hand. Generally, if both parties names are on the title deeds, then each will be entitled to a share of the property. Unless there is a legal agreement otherwise, each spouse would normally be entitled to half of the property, even if they contributed unequal amounts to the deposit, mortgage payments, and other costs. If one party’s name is not on the title deeds, they may still be able to establish a legal right to a share of the property, and must register their Matrimonial Home Rights.
As stated above, equality is the starting point for any division of matrimonial property. In practice, this means that each party should receive a fair share (not necessarily equal) of the matrimonial assets. This can include money, property, investments, pensions, and business assets. If both parties earn a similar amount and make similar contributions during the marriage, the court is more likely to order an equal split.
However, 50:50 division rarely happens in reality. The court’s primary aim is to achieve fairness, and to ensure that one party does not profit at the expense of the other because of their ability to make money. When looking at what is fair, the court takes into account things such as the length of the marriage, each party’s income and financial needs, standard of living maintained during the marriage, time out of the workplace, age and potential earning capacity, and any non-financial contribution made by either party, such as one parent staying at home to look after the children.
The court can also order the earning party to pay the other party spousal maintenance in addition to any child maintenance that is payable. It can also order interim spousal maintenance until a final financial settlement order is made. This will be based on the needs of the stay at home mum or dad which is measured by assessing the standard of living during the relationship. Essentially, the longer the marriage, the more important this factor will be. The receiving party may be expected to accept some reduction in their standard of living when transitioning to independence. An award for spousal support can vary depending on the paying party’s ability to pay, which should be borne in mind when considering such an application.
How can the contribution of a stay at home mum/dad be calculated?
The Office for National Statistics (ONS) has created an online calculator in an effort to put a value on unpaid work, such as childcare, cooking, and cleaning, which you may find helpful. In a divorce, the court looks at contributions from many angles including the sacrifice of career progression and future earning potential.
Whilst the vast majority of parents who stay at home are women, there are an increasing number of cases involving stay at home dads who are taking time out of their careers to look after the family and home. Whatever the sex of the person staying at home, the principle remains the same and contributions towards a marriage must not be valued in financial terms alone.
What happens to the children?
Many parents work well together on a co-parenting basis, and this continues following divorce until their children are old enough to make their own arrangements. For others, there may have been a habit of low-level engagement by one parent, especially the working parent. For the stay at home mum or dad whose parenting skills have been honed over many years of child raising, it can be tough when an ex who previously seemed utterly devoted to work suddenly becomes anxious to be involved post separation.
You may need to come to terms with the children spending time with their other parent without you being there. This can be difficult when you have been the main carer and bent your life to accommodate theirs, especially by putting aside your own interests to attend weekend parties, and other kids activities. Initially, this can make you feel a bit lost, and wonder what to do with all the free time you’ve been handed. Taking up a new hobby, seeing friends, or getting involved in voluntary work are all ways to make new friends and fill time constructively.
Separation and divorce are bound to involve you and the children in new challenges, if nothing else, in the back and forth between homes. But finding a way that works well for all of you will profoundly help your children going forward.
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