Seven most common divorce mistakes
Divorce and the distribution of finances following divorce is a complex and difficult area of law. Couples — in particular if they don’t have legal advice — often make mistakes when divorcing. Knowing some of the common problems people run in to can help you avoid making some costly mistakes.
These are the top seven most common divorce mistakes to be aware of — from Head of Family Law Noelle Heath:
1. Not getting a financial order
Not getting a financial order at the same time or after your divorce is one of the costliest divorce mistakes that can be made. It is important to be aware that the divorce finances are dealt with separately to divorce itself. This means that you can be legally divorced whilst still having financial obligations to your ex-spouse. Without having a financial order in place which records the terms of agreement in respect of the distribution of the assets on divorce, your former spouse could make a financial claim against your estate at any time and several years after the actual divorce. If you have reached a financial agreement with your ex-spouse it is very important to have it put into a financial order agreed by you both and approved by the court to provide the necessary legal protection to you.
2. Not understanding the financial situation
When negotiating a financial settlement with your ex-spouse it is important to have a good understanding of what are the assets and what those assets are worth from the marital home to pensions. This will stop you from agreeing to an unequal distribution of assets.
3. Remarrying before sorting out the finances
Getting a divorce from your current spouse allows you to marry someone else after that divorce. However you need to be aware that when you remarry without making a financial order you may lose the right to apply for one. This means that you will not be able to claim any of the assets that you are entitled to.
4. Off-setting assets against child maintenance payments
Often individuals are tempted to offer your ex-spouse a larger share of the matrimonial assets in return from a promise from them that they will not claim child maintenance payments. Even if you made such agreement your ex-spouse could claim child maintenance payments from you at any time which you would have to pay. You would not however be able to renegotiate the terms of the financial order that you agreed to get your share of the assets that you gave up back. We advise therefore do not agree to any off-setting of assets against future child maintenance payments.
5. Taking legal advice from family and friends
Unless you can count a family solicitor amongst your family and friends you should not take legal advice from them. Whilst family and friends can provide invaluable emotional support, they are not qualified to give you legal advice. This is true even if they have been through a divorce themselves. For example, a friend might tell you about legal actions that they took that worked for them and encourage you to do the same. However every divorce is unique and what may have happened with them may not happen with you.
6. Believing the court will agree with your point of view
When you have been treated unfairly by your ex-spouse it can be easy to assume that the court will agree with your point of view. You might therefore be tempted to apply to court to resolve any dispute be that financial settlement or child arrangements. However, going to court should be a last resort. When you ask the court to decide something you take the decision out of your own hands and that decision may not go your way. Before making any court applications you should always try alternative dispute resolution such as mediation and arbitration. This will save you time and money and may give you more control over the eventual outcome.
7. Not taking any legal advice
Whilst it is possible to get divorced without using a solicitor it is better to have some legal advice before embarking on the process. The assistance of a family solicitor is particularly important when it comes to dealing with a financial settlement and child arrangements. Both are complex areas of law where any mistakes could be costly. An experienced family solicitor will set realistic expectations and help you get the best possible outcome.
Avoid making common divorce mistakes and contact our family team by email at [email protected] or phone 033 3344 9604. Our Head of Family Law Noelle Heath is a member of Resolution — committed to a constructive approach to resolving family issues.
