If you are contemplating divorcing your other half, it is important to understand that divorce is not always what we expect it to be. Unfortunately, quite often majority of us misunderstand how separating and divorce works, which might cause additional stress and difficulty. Bearing in mind a few things about the process can be really helpful at the outset. The following information below could assist with basic facts about divorce process.
It is a lengthy process
If you can accept this fact, you already disburden some of the extra stress as your next few months, sometimes even years might drag out in the open without you having any certainty what the future will look like. And therefore, keep calm as it might take some time.
If you thought it is one process you need to undergo, you are wrong
In fact you have to undergo three separate processes, which are: 1. ending your marriage (the divorce itself); 2. splitting up your assets and properties if any and lastly, 3. if you have children – the arrangements for the children custody. These three elements are three separate processes but quite often processed simultaneously.
If you have children
If you have children, please be aware that any arrangements that are made need to take the best interests of the children into consideration. It is indeed the starting point of any negotiations. It is best to negotiate any arrangements outsides the court if possible.
Going to court
Please remember that going to court is really the last resort. People sometimes think that divorce means going to court but it is best to agree as much as you can between you with the assistance of a mediator, or if your circumstances are more complex, having a solicitor to help you negotiate the terms of your arrangement on your behalf.
There are no guarantees
Currently there is no set formula to work out who gets what and the starting point will always be 50/50 and slowly adding and taking depending on your particular circumstances. If you can try to agree between you what happens to the money or your home, you are already on the winning path without the extra stress, delay and conflict. Please also remember that if you end up going to court, the court is more likely to look at what you both need for the future, rather than wat you have contributed so far.
It costs money
The longer you take to agree the terms of your separation, the more money you will end up spending. Therefore, it is best to reach an agreement at an early stage depending on your circumstances.
If you find yourself stuck, it is best to seek an expert advice and our solicitors at LF Legal Ltd are trained to provide you with solutions best suited to your circumstances.
All our articles are intended for informational purposes only and do not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information provided.