Getting a divorce can seem like it will be one of life’s most stressful experiences- but it does not have to be. We can help with practical solutions and advise in guiding you through the process.
Decisions that have to be made include deciding where you will both live, how you will both manage financially and who will have primary care of any children and what arrangements will be put in place for the children to spend time with the other parent. There are many things to think about and resolve and we are happy to help guide you through the process. A few things to consider are detailed below.
1. Consider financial outgoings on initial separation.
When you first separate from your partner you will initially need to agree upon how you are going to meet any ongoing financial obligations, such as mortgage repayments and household bills.
Maintaining open lines of communication can be crucial in reaching the best possible solution, especially when it comes to finances. If you find yourself placed in a situation where you have been left to deal with the day to day reality but have no prior agreement on meeting daily costs of living we can advise you on your entitlements and what options you have to resolve immediate issues including advise on mediation, opening lines of communication and even court proceedings as a last resort.
2. Dividing up assets
Long term you will need to make decisions about the division of matrimonial assets and income it is always better to keep this amicable, such that you can discuss and negotiate until a satisfactory solution is found for both parties. You will both need to consider whether you would like to cut all financial ties and achieve a clean break, thereby protecting any wealth that you may acquire in the future, for example, through inheritance. We can advise you on entitlements you may have or that your partner may seek to pursue and how best to protect/pursue such matters. We start off by helping you to gather all relevant information so that you can make informed choices and look at proposals for resolution of the matters.
3. Arrangements for the children
As with your joint finances, an interim arrangement will need to be put in place as to the day to day care of any children involved. You will need to agree on where the child/ren will live, as well as when and how often they will have contact with the other parent.
We can advise you on whether it is possible to agree to a joint care arrangement or if the proposals you may be discussing are reasonable and how you might resolve issues if you cannot reach agreement amicably. Making final arrangements for children can be a topic that separating parents struggle with because of the emotional nature of resolving such issues.
Where an agreement cannot be reached, it is possible for either parent to apply to the court for a child arrangements order. A child arrangements order is a court order which sets out who has primary care of the children, and the nature of any contact with the other parent.
4. Make or amending your will
If you do no currently have a will you should consider making one, if you die intestate (without a will) before your divorce is finalised, your spouse will stand to inherit the first £250,000 of your estate and half of the remaining estate, together with all of your personal property and belongings. If you are in the middle of a separation or a divorce this may not be what you want to happen- particularly if you want to safeguard children from previous relationships.
If you already have a will you should consider amending this. For the majority of couples, their spouse is the main beneficiary under their will. We can provide advice on property ownership and how to safeguard your interest in the event of your death. We can check for you if you own assets jointly- especially your home which could pass automatically to your spouse unless you take certain action regarding the severance of any joint tenancy.
5. Get specialist legal advice
Although it is possible to get divorced without using the services of a solicitor it is always sensible, at the very least, to explore your options in relation to a number of legal issues, from pension sharing and property-related issues to wills and estate planning. Many people make the mistake of assuming they are protected simply because they have been apart for a couple of years or because they do not hold joint accounts- this is not the case- you need specialist help from an expert to fully protect your position.
A consultation with Adcock’s can leave to feeling reassured that you are taking positive steps towards achieving the best possible outcome for you and your family. You can also have the peace of mind that any negotiations can be formalised by way of a legally binding agreement so as to protect you for the future.
Call our family team today for an appointment 01543 442101.<< Back to latest news