Every year, January delivers newspapers and magazines invariably running two types of article – the latest fad diet and fitness regimes sweeping the country and the “January is the top time for divorce” articles.
If you are thinking about separating from your spouse or partner, the following ‘top tips’ are important to keep in mind.
Don’t rush, or feel pressured to rush into a financial settlement
The decision to separate is not one taken lightly by most couples. However, once that decision has been made there is often a perceived pressure to rush into a financial settlement and ‘get things sorted’. In many cases the sense of urgency comes from uncertainty over future financial security.
A specialist family lawyer can help prioritise concerns and advise on interim short-term agreements to deal with immediate worries like how the mortgage or rent will be paid and how to manage the household bills pending overall financial settlement.
Having someone help you break down what seems like a massive problem, into bite size pieces can help relieve these worries, and gives you time and breathing space to think about the bigger picture and long-term needs and goals.
Do seek specialist family law advice The importance of having a professional who knows their stuff cannot be underestimated – a family specialist will be committed to problem solving and constructive dispute resolution, and their advice comes from vast experience dealing with family cases. They get to the heart of the issues and identify solutions. Many are trained in mediation and other forms of alternative dispute resolution (ADR) which can lead to a far better outcome for you and your family in the long run.
Most law firms offer family law services but do your research before instructing a lawyer. The Family Law Association provides a database of solicitors which lists family law specialists by geographic area.
Do the ground work
Your solicitor needs as much information as possible about the matrimonial property in order to advise on the fairest overall solution. It is possible to cut down on legal costs by gathering that information yourself and then talking to the solicitor about ways of achieving settlement with the information to hand. The solicitor will be able to tell you exactly what information is needed.
Although gathering the relevant information may take some time, remember not to feel rushed or pressurised and take your solicitor’s advice. The decisions taken on separation will have an impact on you and your family for years to come so make sure you make informed decisions after careful consideration.
Don’t go it alone
Planning a financial future alone having previously done it as a couple, can be very frightening. Once again it is important to seek reliable and impartial advice and support. While many legal firms will also be able to assist with financial planning advice, organisations like Relationships Scotland will offer counselling services and mediation. Support from your family is essential but in some cases more can be achieved by speaking to a professional such as a trained counsellor.
This kind of help can ensure you are properly equipped to make decisions and hear advice from other professionals such as your lawyer.
Remember the children
Separation is hard for the children and where a couple separate they must remember that no matter what else they do, they will always be parents. An experienced family lawyer will endeavour to resolve the financial disputes in a way that ensures the couple can still co-operate with one another as parents.
If you find yourself in this situation, please contact a member of our Family Law team for advice.
