Where agreement is not possible, separation arrangements will be decided on, and ordered by, the courts. This means that each side will make the case in court,through their legal representation, for what they would like under the various headings. Ultimately, a judge will decide what happens for the family under each heading, including how parenting arrangements including access and custody will work.
There is scope for the Judge to take account of the views of any children by the use of experts who may be asked to meet the children, listen to their wishes, and make recommendations about what should be done. There is information on court reports in the Court Reports: Voice of the Child [insert link] section of our website.
Deeds of Separation may be used should the people involved wish to divorce at a future date.