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Five points to consider before a divorce or separation
Keshini Rajendra and the Heald Family Department deal with separations and divorces with kindness and good sense.
Artemis House, 4 Bramley Road Milton Keynes MK1 1PT
The above information is for general guidance only and does not constitute legal advice. Heald Solicitors disclaims and excludes any liability in respect of the contents of this article or for action taken based on this information. If you need legal advice, please contact a solicitor. If you are wondering whether to proceed with a divorce or separation, it is always a good idea to think things through carefully first. We take a look at what to consider if you are contemplating a divorce and how you can prepare if you do decide to go ahead.
1. Where do you want to be in five years’ time? It can sometimes help to look ahead and ask yourself what you want from life. If you are going through a difficult patch in a relationship, is it something you feel you want to work through, or do you see yourself moving on without your spouse?
If you come to the conclusion that you do want to separate, then it may helpful to try and look at matters from a practical point of view and start putting a plan into place. You will need to consider issues such as where you will live, how you will support yourself and what steps to take next.
2. Children If you have children, then a major concern is likely to be how they will deal with a breakup. If you do decide to separate, then try and make a plan together with their other parent dealing with the difficult issues of telling them and sharing the parenting as you move into the next phase of your lives.
If you are able to agree a parenting plan with their other parent, it is a good idea to put this in writing, so that you can refer back to it in the future if necessary.
3. Find the support you need It goes without saying that this is likely to be a difficult time. Finding support will help, whether this is from friends or family or professionals, such as a counsellor and a solicitor. Professionals will be able to set out your options for you. A counsellor can help you analyse what action you want to take, while a family lawyer will be able to talk you through the steps you will need to make prior to a divorce and explain what you might expect from a financial settlement.
4. Decide on your approach If you do decide to divorce, you need to be clear on the approach you will be taking. You can deal with some issues yourself, but there is a risk that you could lose out if you take certain steps in the wrong order or if you agree to something that is not in your best interests.
A family law solicitor will be able to ensure that your rights and interests are observed and can often negotiate on your behalf with your spouse or their solicitor to agree on contentious issues such as finances, property and children.
It is important to take legal advice before agreeing to a financial settlement to ensure that you do not lose out. By way of example, pensions form part of the matrimonial assets to be shared on divorce, but they are sometimes forgotten or not included by individuals who undertake a DIY divorce.
It is also the case that if you take on some of the work yourself, the process could stall, and you may end up waiting a long time for matters to be finalised. It might also end up costing you more in the long run with a lawyer having to look over all the paperwork, piece together what is outstanding, and rectify any mistakes that are made. If part of your financial matter has been dealt with without advice, it might also be difficult or impossible for a lawyer to undo this and it may affect the outcome of your case.
5. Preparation You can start collating your paperwork so that if you do decide to go ahead, you have your records ready. You will both be required to fully disclose your finances to each other. This means providing documentary evidence of all of your assets and liabilities.
For expert advice contact our experienced divorce solicitors At Heald Solicitors, our family law team are friendly and approachable as well as being experts in divorce law and associated issues such as arrangements for children and financial agreements. If you are considering divorce or separation and you would like to talk to us about your options and what might happen next if you decide to go ahead, please feel free to get in touch.
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