Coping with a separation or divorce can be difficult for all the family and those who find themselves in this position often ask their lawyer “what should I be doing?”.
Following some practical steps can help to ensure a divorce is fair and allow each party obtain what they are entitled to. The first step for anyone considering divorce should always be to consult a solicitor who can provide specialist guidance tailored to your circumstances.
Going to court is usually not the most practical and cost-effective way to resolve disputes and many couples use alternative methods of reaching agreement on the division of their assets and the care arrangements for their children. Negotiation, mediation and collaborative law are all effective dispute resolution options which separating couples may want to explore before considering court action.
If there are children involved it is important to avoid arguing in front of them and not to involve them in adult issues to prevent them taking one parents side over the other. Think carefully about how you are going to tell your children about the separation and consider how you are going to reassure them. If possible tell them together with your spouse.
Spouses involved in a separation or divorce should also take certain practical steps:
- The more information you have, the better. In many marriages one party will handle the family’s finances and the other will have less knowledge. If you do not know much about your family’s income, outgoings and assets, find out and keep copies of financial documents.
- Make a list of your assets and any debts and understand their value. If you can, also make a list of your spouse’s assets and debts.
- If your spouse is spending more heavily than normal consider closing or freezing joint accounts so that they do not run up balances that the bank can then ask you to repay. You should also have some funds in an account in your sole name to ensure you have money available to support yourself in the short term should there be any interruption of the usual financial arrangements.
- Update your financial and legal documents as soon as possible. A married couple will usually name their spouse as the beneficiary in their Will, on their insurance policies and as their death in service nomination. Following a separation most people’s wishes change and your documents will need to be altered to reflect that.
Separation or divorce is often a stressful and emotional experience. The more prepared you are the better placed you will be to deal with tough choices and make good decisions that will set you up in the best possible way for the future.
Our experienced family law team can help you if you are considering separation or divorce.
