While divorce can cause a great deal of emotional turmoil, there can also be a serious impact on your livelihood if the process is not managed correctly. You must be aware of your legal rights to ensure that you are financially protected going forward.
Here, I look at some of the principles my you should consider if you are thinking about a divorce.
Going to court to achieve a settlement is not the only option open to divorcing couples. Doing this can result in permanent damage to your relationships – remember, just because you and your spouse are getting divorced does not mean that you will never have to communicate with each again. If you have children, you will have to make arrangements to allow both parents to spend time with them. Going to court can also be expensive.
Other options open to you include:
Whether you work out the arrangements of your divorce yourselves or in court, there are important aspects, including child arrangements, money and property, that you will have to reach an agreement on.
These issues include:
The media coverage of high-profile divorces can give a false impression of how the divorce process works. There are some crucial points you should remember:
When you have reached an agreement concerning your children, property and finances, you should make sure this is written down. If you have employed the services of a mediator to help you reach an agreement, they will record the details of the deal in a Memorandum of Understanding – a written agreement signed by both parties.
You and your spouse should seek independent legal advice as part of the negotiation process or after an agreement is reached. While a mediator can facilitate discussions between you and your ex-partner on the crucial issues, they must remain impartial and so cannot advise you on whether the agreement is sensible for you.
Your solicitor will check the agreement for you and ensure that it is practical and fair. They will likely advise you that the agreement should be turned into a court order to make it legally binding.
During these extraordinary times, I remain open for business and will be happy to help you should you require legal advice. In line with government advice, I will be working from home and can be contacted on 07917 711 887 or email@example.com.
I wish you all the very best. Stay safe and stay well.