Divorce is an emotional and complex process, especially when children are involved. For many parents in the UK, the challenge extends beyond the end of their marriage, focusing on difficult custody disputes.
Contentious divorces, where former couples disagree on key issues such as finances, property and child custody, can be particularly stressful and complex. With children at the centre of these disputes, parents must remain centred on minimising the impact of conflict and seeking solutions that prioritise their wellbeing.
If you’re trying to find the balance, here are some pointers to help you.
Understanding contentious divorce in the UK
A contentious divorce refers to a situation where one or both parties cannot agree on major issues, such as child arrangements or financial settlements. These disputes often result in long, drawn-out legal battles that can add emotional and financial strain on all parties involved.
According to recent Family Court statistics, between January and March 2024 there were 27,908 divorce applications made. While this is a significant number, the figures are down by 11% on the same period in 2023. However, we saw the highest number of applications in a decade between April and June 2022, where there were 33,234 divorce applications.
These figures may correlate with legal reforms such as the “no-fault divorce”, which was introduced in April 2022. This allows couples to part ways without assigning blame, and its aim is to reduce the number of contentious divorces.
However, while this paves the way for a potentially[1] more settled divorce process, disagreements over child custody, property, and finances often continue to fuel conflict.
Legal framework for child custody agreements
Child custody in the UK is governed by the Children Act 1989, which centres on the principle of the “best interests of the child”. When deciding custody arrangements, courts will prioritise the child’s needs, wellbeing, and safety above all else.
Both parents typically have parental responsibility, and UK courts generally favour arrangements that allow children to maintain a meaningful relationship with both parents, provided it is in the child’s best interest.
Parental responsibility is a legal status that’s automatically given to mothers and granted to fathers if they are named on the birth certificate. Here, both parents can make decisions in major life decisions affecting their child, such as healthcare and education.
But the specific custody arrangements can vary and include:
- Residence orders: Determine where the child will live.
- Contact orders: Specify when and how the non-residential parent will spend time with the child.
- Shared custody: Both parents share day-to-day care, though it may not always be an equal split.
Parents navigating a custody dispute should seek legal representation, and children’s solicitors can be particularly helpful in ensuring the child’s needs are properly represented in court.
Challenges in high-conflict divorce cases
Disputes over asset division, domestic abuse allegations, or claims of parental alienation (where one parent attempts to manipulate the child into rejecting the other parent) can be some of the major challenges in a high-conflict divorce. These issues can severely impact the mental and emotional wellbeing of both parents and children.
Divorce is an emotionally draining process, and children can be deeply affected by the tension. Children exposed to high parental conflict are at greater risk of anxiety, depression, and behavioural problems. For parents, the process can lead to prolonged stress, making it crucial to seek professional support both legally and emotionally.
Alternative dispute resolution methods
For those who wish to avoid the lengthy and often adversarial nature of court proceedings, there are non-court methods for resolving disputes over child custody.
– Mediation is a popular option, where a neutral third party helps parents negotiate and reach an agreement.
– Collaborative law is another method where both parties, alongside their solicitors, agree to work together to resolve the issues without going to court.
These alternative dispute resolution methods can be faster, less stressful, and more cost-effective than litigation. More importantly, they help parents maintain control over decisions about their children rather than leaving it to a judge.
By finding ways to reduce conflict and promote cooperation, these approaches can also help preserve a positive co-parenting relationship post-divorce.
for a potentially
