5 Practical Things You Should Know About Getting A Divorce
The Law Of… Making A Fresh Start
Jane Auty, Associate and Regional Head of Family in Yorkshire, shares 5 important tips on how you can ensure your divorce is fair, quick, and as painless as possible.
1. Use Your Prenuptial Agreement As A Guideline For Dividing Your Assets
A controversial topic for some couples, prenuptial agreements – also known as prenups – can actually help to make the process of divorce much smoother.
As your prenup has set ground rules on how your finances and property should be split in the event of a divorce, it will help to ease the stress associated with making big decisions over your property and assets and prevent you from having to go through the courts.
2. Reach A Fair Agreement Over Child Contact Arrangements
Emotions tend to run high during divorces, and it's not uncommon for children to get caught in the middle of disputes between their parents.
When it comes to making child contact arrangements, it's important to make decisions in the best interests of your children and make sure they're able to spend time with both parents.
Setting a stable routine for them that involves spending time with you and your ex-partner will help them feel more settled at what is a confusing and an upsetting time, and reassured that both parents are there to support them.
But, it's not always easy to come to an agreement that both parents are happy with, which is where disputes over child contact can crop up. If you find yourself in this situation, our Family Law solicitors can help you find a resolution, whether it's over visitation rights or where your children will live.
3. Consider Using Mediation To Resolve Disputes
Just because you and your ex-partner might disagree on certain aspects of your divorce, it doesn't mean that these issues can't be resolved without the courts getting involved.
Mediation is a useful option that couples going through a separation must consider using if they're having a tough time agreeing on certain decisions. It takes place in a neutral space in which you can share your views and work through your problems in a safe, structured way.
Although you'll be expected to attend an information session on mediation – known as a Mediation Information and Assessment Meeting (MIAM) – you don’t have to agree to it if you don't think the process will work for you.
Our experienced mediators can walk you through the process if you'd like to know more about mediation and how it could help you.
4. Be Honest With Your Solicitor About Your Finances And Assets
Being upfront about your finances and assets from the start of your divorce is crucial, for several reasons.
Solicitors can only work with the information that you give them, and although they can get court orders that make banks share information about your ex-partner's finances, this process takes a lot of time and can be expensive.
Keeping your solicitor up to date with your finances means that you'll have a better chance of:
- Protecting your assets
- Coming to a fair agreement on a divorce settlement
- Safeguarding the future of your children
It's also useful to keep copies of all of your financial documents, such as bank statements for shared and individual accounts, in case your solicitor needs them or one of the documents goes missing.
Being vigilant when it comes to monitoring your accounts could also make a big difference, as battles over money and assets can become complicated.
5. Get Legal Advice From A Professional
DIY divorces might seem appealing if you're looking for a swift end to your marriage, but there's a greater chance of you missing out on the more technical details, which could come back to haunt you later.
Even though a marriage has come to an end in the eyes of the law, this won't stop your ex-partner from being able to make a future financial claim on your assets, such as any inheritance that you might receive.
The only way to stop this from happening is to get a financial order, which our Family solicitors can help you with.
We're trained to spot the things that you might have overlooked or anything that could create trouble, and can deal with them before they become an issue.
How Can Simpson Millar's Divorce Solicitors Help Me?
Coming to terms with the end of a relationship is difficult enough without the added stress of dealing with the technical aspects of getting a divorce.
Whether you're ready to get a divorce or you've already started the process and need some guidance, our divorce experts, including Jane Auty, Carol Chrisfield, Paul Hicks, and John Pratley, will fight for you and your children to get the best outcome.
We'll negotiate the fairest settlement for you and will help you and your ex-partner to try and reach an agreement outside of court. Sometimes it's necessary to get the courts involved, and although the thought of going to court might seem daunting our Family solicitors can advise and represent you throughout the proceedings.