When a marriage or civil partnership sadly ends and a couple begin the separation process, there are so many issues that are of concern to them. The following are some examples:-
Divorce Frequently Asked Questions
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What happens if we cannot resolve the financial issues?
When married couples decide to formally dissolve the marriage, the first step is to commence divorce proceedings. In the divorce petition there is provision for people to tick a box to say whether they want to deal with financial issues, such as maintenance or a lump sum. When couple separate sometimes they are able to reach an agreement amicably without the need for legal advice. However, it is vital that such agreements are then recorded in a consent order, as this will avoid issues in the future. Without a consent order, it is open to both parties at any time in the future to make a claim against the other’s assets. Therefore the importance of seeking legal advice should not be ignored, even when the separation is amicable.
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Can I claim spousal maintenance?
It can be common for one spouse to stay at home caring for the children whilst the other spouse continues going to work, often increasing their income during that time.
Therefore it is quite natural for the spouse that stayed at home to worry how they will meet their ongoing financial obligations and needs, whilst the other spouse will also naturally worry that they will have to financially support the other spouse for a long time.
Whilst financial support in such circumstances is often something to be considered, it is not a meal ticket for life. The court will of course take into account both spouse’s financial position both now and in the future. The important factors to determine are things such as does one spouse have to support the other by way of income, or can a clean break be achieved by capitalising on other assets and if maintenance does have to be paid, how long will it be for.
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What are the hidden costs of divorce and separation?
Separating couples often remain living together because of prohibitive housing costs. In addition to the one off costs resulting from divorce or separation, the separation can also impact on where people live afterwards and their ability to get back on the housing ladder.
Seeking legal advice will enable both parties to consider what their financial future will look like and if that advice is sought early enough, this can often lead to an agreement being reached amicably, which results in lower legal fees, leaving more of the family finances being spent on the family.
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Do we need to negotiate?
According to the latest statistics published by the Family Law Week, couples attending mediation sessions were down by 5% in the last quarter, compared to last year, there could be many reasons for this, such as people not needing to mediate and resolving issues themselves, or believing mediation simply will not work. When couples separate they go through so many different emotions, such as struggling to accept that the relationship is over, guilt, bereavement, etc.
If you are the one in the relationship that feels betrayed, you may not want a fair outcome, but it is always better in the long run to obtain good, quality legal advice as this will aim to keep things as amicable as possible, which is beneficial for everyone, not only to help you move on, but also to keep costs down and particularly if there are children involved.
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What am I entitled to?
This is one of the most frequently asked questions and understandably so, particularly when people have been married for many years. However, it is difficult to advise clients at the first meeting about this as it is essential to initially go through the process of financial disclosure. This will set out both parties financial positions and enable proper legal advice to be given, taking into account all of the important factors, such as the length of the marriage, age of the parties, their current and future income position, and a list of assets and liabilities. These are just a few of the factors taken into consideration when deciding the fairest way to divide assets during divorce proceedings.
How Can Nelsons Help
Geraldine Watson is a specialist Family Law Solicitor at Nelsons.
If you need advice on divorce or any other family related matter, please contact Geraldine and she will be happy to discuss your circumstances in more detail and give you more information about the services that Nelsons family law solicitors can provide.
Geraldine can be contacted on 0800 024 1976 or via our online form.