Family Law

[crazygirly]

Hi All

I have a 4 month old son. Unfortunately my partner has left us. We have mutually agreed on visits, days, times etc. We have also agreed on maintenance amount from his father per week and both parties are happy with this arrangement.

Is there any need for us to attend court? Also can you advise me which is the better option for all concerned regarding our son. Is it better to go through the court or is the way his father and I have come to an arrangement without court, the better option? What are the pros and cons of both situations?

Hope you can help.

[Maydup]

Your agreement is fine all the time you both adhere to it. But as time goes in and situations change, it is not enforceable. An official agreement would just seal it for the future. No need for it to be agressive or to add conflict but just to protect both sides in years to come.

Eg imagine that one day, one or both of you might have another relationship and even other children. The financial emphasis might change and visiting dates might not be so convenient, and the agreement might drift. Its best to get it agreed officially now and while you are both being positive about it.

[tonywiltshire]

I regret there may be a lowering of living standards after the separation but you are both doing the correct thing if you have agreed who gets what without having an order inflicted on you by the court. The down side of this is as stated by Maydup people change and meet others and bitterness can creep in but you know your partner if you are satisfied this will not occur, agree between your selves and do not involve the court. At the minimum write out and both sign what you have agreed and each hold a copy.