At Phillips Law, we understand that going through a divorce can be a bewildering, emotional, and daunting experience. Every divorce is different because every person’s circumstances are different, and we tailor our approach to meet individual needs.

There are, however, elements that are the same for everyone. To assist those who are considering or going through a divorce, we have prepared this simple guide to provide some pointers that should help make the process more manageable and easier for you. Here are 10 points you should be aware of when considering or going through a divorce:

1. Consider questions of jurisdiction

England and Wales is a jurisdiction of its own; Scotland and Northern Ireland are different jurisdictions with different laws and rules, just like the rest of the world. When considering divorce proceedings, always check whether you can issue proceedings in that jurisdiction or another. Seek advice on how each system works, as this could impact your choice of the country in which you begin your case.  For instance, prenuptial agreements are not legally binding in England and Wales but are in many European countries.

2. Financial Assets

Have a clear understanding of your assets, when and how you acquired them, as this could affect how the court deals with them. It is a good idea to obtain the documentation as early as possible and you should request Cash Equivalent Transfer Values for your pensions.  Make enquiries with previous employers if you think you may have pensions with them.

Do not be tempted to move or hide assets; you will be required to provide evidence of your assets going back over the preceding 12 months.

3. Financial Advice

It will be essential to find out how much your assets are worth.  It may be advisable to obtain valuations or instruct expert valuers.  Seek financial advice on the tax implications if you have to sell shares, buy out your spouse, sell any properties, or the implications if one of you moves out of the family home for a sustained period prior to divorce proceedings being issued. If you have multiple pensions, discuss how each pension works and the differences between them. At Phillips Law, we work with a variety of experts who can assist you in understanding what your assets are and how much they are worth.

4. Evaluate Spousal Support

Is your case one where you or your spouse may be entitled to support? While it is becoming rarer for spousal support to be required, it does still happen and should be considered. We can support you in determining if and how much should be paid.  It will certainly be crucial to reflect on your expenditure, and financial needs.  You may find it helpful to undertake a cash flow exercise, either yourself or with a financial advisor.

5. Update Beneficiaries and Legal Documents

When proceedings start, you may wish to update your Will to include new beneficiaries. A divorce may invalidate your previous Will and as a minimum, you should make a new one after the divorce.

Also consider the beneficiaries of any Death in Service schemes and who would receive payments from your life insurance.

6. Career and Relocation Impacts

Divorce can impact your career and work-life balance. Start considering what type of property and area you want to live in that meets your needs and the children’s needs while also being affordable in line with your income.

7. Address Child Custody and Support Issues

If you have children, remember the impact this could have on them. Try to keep discussions about the split out of the family home and work with your spouse to agree on arrangements going forward. We can assist with preparing parenting plans or agreements to help take the stress and pressure off you and, by default, the children.

8. Manage Debt and Credit

To avoid accusations of one party putting the other into debt or taking the other’s money, consider how joint accounts are being used and whether it is appropriate to close them.  It is sensible to ensure that bills will continue to be paid to avoid household debt accruing but may be appropriate for you to each use individual accounts to achieve this.

9. Focus on Emotional and Mental Health

Divorce is stressful. Ensure you maintain social activities and stay in contact with friends and family. You can’t make informed decisions if you are not thinking clearly.

10. Plan for Long-Term Financial Independence

As part of your divorce, you need to consider what you need not only in the immediate future but also in the long term. We can help you understand how your decisions will impact you, so that when considering the most appropriate way to divide the assets of your marriage, you are planning for your own future and that of your children.

At Phillips, we approach matters proactively. Addressing issues early will save you time, money, and stress, allowing you to move forward with your life as quickly as possible so that you can focus on what’s important to you.

If any of these points resonate with you and you would like to discuss further, please don’t hesitate to get in contact with one of our Family Solicitors.

Email [email protected], or call 01256 460830, and we will deal with your enquiry quickly.

Written by Daniel Weintroub