When couples consider getting a divorce or come to the difficult decision to divorce, there can be some common pitfalls that are made by many people. We have set out below some legal and personal tips to help ensure that the process goes as smoothly as possible and most importantly, in a way to protect your interests.

Here are some key points to bear in mind:

Seek legal advice

You should always seek professional legal advice to understand your rights and obligations, even if this is just an initial consultation to give you an understanding of how to approach matters. Friends and family may offer to help guide you through and whilst their support is invaluable, it is no replacement for professional advice.

Take time to prepare for your appointment with the solicitor.  Prepare a list of questions and practice giving a summary of what has happened so that you can spend as much of the appointment listening to the advice as possible.

Avoid rushing the process

It is understandable that you want to resolve matters as quickly and as efficiently as possible however, it is worth taking some time to consider options, especially regarding the financial settlement. Rushing through can lead to overlooking important details that could be regretted later. You also need to consider the future and think about the long-term implications of your decisions.

Ensure accurate financial planning

Not only is it advisable to obtain legal advice on the divorce and finances, but it would also be forward thinking to seek additional early advice from other professionals that you are likely going to need during the process.

If you have a business, think about getting a valuation as this can sometimes hold up the process. If you have a high value pension or a defined benefit pension, speak to your solicitor about instructing a pension expert. If you have a mortgage or may need an additional mortgage if the family home is sold or transferred to your spouse, speak to a mortgage broker to provide you with a mortgage affordability report. You need to understand what your financial needs are going to be post-divorce and it is therefore essential that you plan accordingly. Consider speaking to a financial advisor and ensure that you consider any future expenses such as for retirement or education costs for the children.

Exchange financial disclosure

Although it will may make the process longer, it is usually advisable to exchange financial information before negotiating.  This ensures that everything is taken into account.  You should also be prepared early on to have to obtain a lot of documents and details; your solicitor will be able to help you through this process.

Consider non-court dispute resolution options as early as possible

The court will encourage you to investigate mediation and other forms of non-court dispute resolution.  It is advisable for you to do so as early as possible as these can be quicker and cheaper than court proceedings or lengthy solicitor-led negotiation.  Legal advice alongside mediation may be particularly effective.

Avoid assumptions

It is important that you understand the law and how it applies to your circumstances. The court take into account many different factors in order to achieve a fair and reasonable settlement and it may not be the one you presume. To avoid costs and tensions rising, it is important that you negotiate fairly and aim to reach a fair settlement that considers both of your needs.

Obtain a financial order

Many couples do not know that the divorce and finances of the marriage are dealt with separately. If you do not resolve financial matters when divorcing, then each party may retain a claim on the other. This could mean that your former spouse makes, or tries to make, a claim against property, pension or business assets that you have built up many years after the divorce itself.  Ensure that you have a court approved financial remedy order to guarantee that all future claims are dismissed.

Keep good records and documentation

It is a good idea to organise your paperwork and maintain a thorough record of all communications, financial transactions and legal documents.  This will help you ensure that all necessary paperwork is completed accurately and submitted on time.

It is also vital that you update your Will on separation. If you do not update your Will then your spouse could receive your estate in the event of your death.

Try to keep arrangements for the children separate

Your children will be your main priority throughout the divorce and, to protect them, it is recommended that you avoid discussing the financial settlement or divorce around them.  The court separates issues about the children and the routine from the financial settlement and encourages you to do the same.

Avoid making emotional decisions

Tensions can be high after a separation and making decisions based on strong emotion can lead to poor outcomes or decisions that you may later regret. It is better to take your time before responding and be in a calm place when making any decisions.

It never helps to post inflammatory comments on social media. You could even be criticised for this in court proceedings.

Make major decisions together

When any major decisions need to be made, especially those involving children, you should do your best to make these decisions together. If you are unable to make the decision together then ensure they are made through the proper legal channels and adhere to any court orders or agreements that are in place.

Take care of yourself

A divorce can be one of the most stressful things to go through in your life. It is therefore important that you take care of your mental health and emotional wellbeing.  You should lean on your friends or family for support or find a professional counsellor for support.

By avoiding these common pitfalls, you can help ensure a smoother divorce process.

If you are ready to speak to a legal advisor about taking the next steps with your divorce, contact our team today.

Email: [email protected] | Call: 01256 460830

Written by Kelly Geter