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Providing for adult children in divorce

The subject of how children are provided for is often one of the most difficult and contentious issues during a divorce.

As cost of living and house prices have spiralled, an increasing number of adults are continuing to live with their parents into their late 20s and 30s. While they may no longer be financially dependent and parents don’t have legal responsibility in the same way as with younger children, it’s natural to want to protect their interests while also securing your own future. Striking that balance takes careful thought and planning.

When it comes to children under the age of 18, the court’s primary concern is their welfare, which is why financial settlements are heavily influenced by their housing, education and care needs.

Adult children, however, are considered to be non-dependent unless they are in full-time education, have a disability or are otherwise unable to support themselves. As a result, the courts focus much more on the divorcing spouses’ needs and their ability to be self-sufficient. So while the needs of adult children might be considered, they carry significantly less weight than those of dependent children.

You should therefore begin by considering your own financial needs. Many parents instinctively want to put their children first, sometimes to the detriment of their own financial security. Divorce will mean adjusting to life on a single income, so it’s essential to ensure you can meet your own living costs and plan for retirement. Once you’ve established what you need, you can then consider what you’re realistically able to offer your children.

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As part of this, take a thorough and honest look at how much you already help your children financially. Are you paying towards university costs, helping with rent, or letting them live at home rent-free?

These factors may not be considered a legal obligation in the same way as child maintenance is for minors, but it’s important to disclose and discuss these contributions during the divorce process because they could still influence the settlement if they are significant and ongoing.

If you’d like to help your children with big milestones like buying a home or getting married, it’s also sensible to build this into your financial planning rather than making ad-hoc promises. For instance, you could look to earmark part of your settlement for this, or set up a trust or separate savings account. Any commitments you make should not undermine your own ability to support yourself over the long term.

As with most aspects of divorce, the advice of a qualified solicitor is invaluable for understanding your situation and how the support you give to your children might be viewed in a settlement. With the help of specialist professional advice, you can ensure your children are as best supported as possible while your own financial wellbeing is safeguarded.

Article originally featured in in G&J The Edit.

Ward Hadaway can support you through a divorce

Ward Hadaway has extensive experience in divorce and family law. Our specialists work closely with clients during difficult times to ensure the best outcome for all parties, all while understanding the situation with empathy, compassion and care.

If you are looking for support through a divorce, our team of divorce solicitors are here to help. Whatever path you choose, Ward Hadaway will ensure you feel supported during this difficult time.

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    Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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