Getting a divorce can be an emotionally fraught time, not least in sorting out the practical and financial aspects of your separation. In particular, you will need to decide upon things like where you will both live, how you will both manage financially and who will have primary care of any children.
Below we provide five practical tips to help get you through the toughest times:
1. Assess your financial outgoings
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. In many cases, where you are living separately, there may even be two sets of household expenditure to now consider.
Maintaining open lines of communication with your ex-partner can be crucial in reaching the best possible solution, especially when it comes to finances. In this way, at least in the short-term, you can hope to continue to meet all necessary outgoings from your combined income. Needless to say, this is preferable to incurring debts that neither of you may be able to discharge in the long-term.
You may also want to check if either of you are entitled to any state benefits, including a reduction in council tax by way of a 25% single person’s allowance.
2. Discuss the division of assets
Equally, when deciding upon 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.
In particular, when agreeing a premise upon which any assets and income will be split, 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 career progression or inheritance.
3. Agree on child custody and care
As with your joint finances, an interim arrangement will need to be put in place as to the custody and 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 non-resident parent.
It may be that you agree to a joint custody arrangement, although the details of this arrangement will still need to be resolved, albeit if only on a temporary basis to begin with.
Unsurprisingly, it is not uncommon for divorcing parents to struggle to reach an agreement as to child custody or contact, especially if the separation has been acrimonious.
In circumstances where an agreement cannot be reached, one or both parents may apply to the court for a child arrangements order. A child arrangements order is a court order stipulating who has primary care of the children, and the nature of any contact with the non-resident parent.
4. Make or revise your will
If you do no currently have a will you should consider creating one, not least because if you die intestate 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.
In the event that you already have a will you should consider revising this. For the majority of couples, their spouse is the main beneficiary under their will.
Further, most married couples own the matrimonial home as joints tenants rather than as tenants in common. As such, if one dies, their share of the property will automatically pass to the surviving spouse, not unless the joint tenancy is severed.
5. Seek specialist legal advice
Although it is not uncommon for couples to get divorced without retaining the services of a lawyer, 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.
In particular, if agreement cannot be reached with your ex-partner in relation to the care arrangements for any children, you should always seek advice from a specialist in family law.
In many cases, by simply seeking the advice of an experienced solicitor you can feel 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.
Please note, in the absence of a financial order from the court, whether by consent or otherwise, it remains open to either party to bring a financial claim against their ex-spouse at any point in the future.
Legal disclaimer
The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.
Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.
