Divorce is a daunting process for many, being that it’s generally not something we go through multiple times. Feeling lost and unsure of yourself without guidance can make the situation more disorienting. In order to find your way out unscathed, learning from others’ experience may be invaluable.
Join us on the blog to reveal the top most common divorce mistakes, so that you can avoid them.
Not getting a financial order
Navigating the divorce process can be tricky, especially with online systems. While a decree absolute severs your marital status and rights to each other’s estate in case of their death, it does not automatically sever any financial ties between you. If there are finances involved or even if none need dividing up, obtaining a financial order is key for securing closure and protection from future claims being made against one another financially. To ensure accuracy in this technical area of law though, do make sure that it’s drafted by an experienced solicitor specialisinginthis field!
Lack of financial planning
Careful planning is key when it comes to asset sharing in a divorce. Without really understanding the practical implications of percentages, you could end up with an unequal and unsatisfactory result. Partnering with both your solicitor and financial planner can ensure that each percentage point translates into exactly what you envision for yourself – giving everyone peace of mind as they move forward separately.
Re-marrying before the finances have been resolved
Whenever a divorce lawyer gets the news that their client is planning to tie the knot before even finalizing the decree absolute, it can quickly become an uncomfortable situation. It’s important for divorcing couples to consider how starting new relationships could affect ongoing proceedings.
If you re-marry without a financial order in place, it is important to understand that the usual protection and fairness put forward by the Matrimonial Causes Act 1973 will no longer be applicable. Instead, any applications must now be made under The Trusts of Land and Appointment of Trustees Act 1996 – which has stricter requirements with reduced discretion from courts. Interestingly enough though, pension claims can still go ahead post-remarriage!
Agreeing to offset capital assets against child maintenance payments
When parties are in the midst of a divorce, one question often posed is if it would be more beneficial for the primary carer to receive an upfront payment or larger portion of assets instead of ongoing child maintenance. Unfortunately, this course isn’t possible; as you cannot bypass what’s been set out by the Child Maintenance Agency and hope for a financial cut-off from them at any stage.
Discussing the divorce, or your ex-partner with the children
As parents, people may be tempted to get caught up in unnecessary details about their split. However, it is critical that children feel secure by knowing they are still able to have relationships with both their mom and dad – truth-telling shouldn’t interfere with this bond. It’s essential for kids of divorced families not only understand the situation but accept that nothing can break the devoted parent/child relationship regardless of its current state.
Thinking you, or the court, can change your ex-partner
When it comes to relationships, especially those involving separation or divorce, the court system can be a great resource – however their power is limited. The most effective way of dealing with an ex-partner who may be uncooperative and resistant towards resolution is not through legal action but by understanding how best you can respond to them. We’re here to help in any ways we can while supporting your journey along with that of a specialist divorce coach too!
Taking legal advice on your separation from family or friends
Your closest ones may be able to lend an ear when you need it, but ultimately the only person who can advise on your legal divorce matters is a trained and qualified solicitor. Don’t forget that while they mean well, they haven’t gone through marriage nor have intimate knowledge of your ex-partner – so focus on seeking expert advice for handling this tumultuous time in life.
Believing that your friends are the only people that can see your social media posts
Do not post anything on social media, or indeed write anything in a text message/ email, that you wouldn’t want a Judge to see in the future.
Going straight in with an application to court
With court being an emotionally draining, risky and expensive process that involves a judge making important decisions without knowing your family dynamics intimately, it’s wise to explore other solutions before proceeding. You may have more control over the outcome if you look into methods such as solicitor negotiation or arbitration which can also help save costs in comparison to going down the legal route.
Doing everything yourself
Navigating divorce can be daunting, and the technicalities of the process are myriad. Before making any decisions or signing documents pertaining to your split, it is essential that you seek out legal advice and understand thoroughly what your options may entail. This will help ensure that all expectations surrounding agreements are clear from the very start.
Get in touch
If you would like any advice on divorce and how to avoid the common divorce mistakes or other family law issues, please contact our Client Care Team to speak to one of our specialist divorce lawyers here.