Every January without fail the newspapers are full of the latest detox diets and get fit plans. For family lawyers there is “January Divorce Month”. If the newspaper features are to be believed, the New Year is the time to sort out a separation and hot foot it down to your local solicitor’s office.
In fact for most family lawyers there is not one particular day which brings a wave of new instructions, and January is just one of the periods during the year when there is an increase in enquiries. While for some clients a new year signals a desire to get affairs in order, the flow of new cases tends to be steady throughout the year.
The important message for any client considering separation is to look for advice at an early stage. The sooner the client speaks to a family law specialist, the better informed they will be. And if the client has not actually decided anything, then a discussion with an expert family lawyer offers a few more options. Often family lawyers find they are consulted too late when decisions have been made and if assets have already been disposed of there may be very few options on the table.
In Scotland the law provides that the net value of a couple’s matrimonial property should be divided fairly and the starting point for fair sharing is 50/50. However, in some cases there may be unequal sharing of the pot. Sometimes special circumstances may justify excluding the full value of certain assets from the calculations. Every case is different and just because the client’s friend received a particular settlement, it does not follow that the same settlement would be appropriate for that client. It is best to discuss your particular circumstances with a family law specialist.
One fear many separating couples have is that there will be no option other than to sell the family home. This may be the case but again, taking early advice and finding out what the options might be helps to make informed choices. Sometimes if there are pensions and other assets, offsetting might allow one spouse to hold on to the family home.
Matrimonial property is everything a married couple have acquired during their time together, not just the property that’s in joint names. Making sure there are valuations of all of the matrimonial property ensures that the decisions taken over dividing up the pot are well informed and fair.
There are numerous practical matters to consider when separating. Some are obvious and others not so obvious. An experienced family lawyer can share the benefit of their experience with the client and provide common sense, practical advice.
Many clients are uncertain and fearful for the future and speaking to someone with expertise in the legal framework and who can help navigate a way through it is reassuring. Most often it’s the unknown that is the source of the greatest fear.
Obviously financial uncertainty when you find yourself considering separation or divorce can be an additional worry.
Our family law team offer a fixed fee package, so get in touch for initial family law advice.
