Five things to consider when going through a divorce or separation
by Gavin Henshaw
Family relationships have come under considerable pressure since the start of the Covid-19 pandemic. This week is #GoodDivorceWeek2021, an annual initiative led by Resolution (a national family justice organisation), highlighting ways in which conflicts in divorce can be limited. In this article, Gavin Henshaw, Head of our Family Law department shares five things that people should consider when going through the divorce process.
Five things to consider when going through a divorce or separation
Going through a divorce or any kind of separation is challenging, emotional and could be time-consuming if both sides fail to agree on a suitable settlement.
When embarking on the process, there are lots of details that need to be sorted out, so we’ve tried to make the process less daunting by outlining some of the most important things you should consider.
1. Make sure you prioritise any children
If children are involved, their interests should always come first and you should not agree to anything that compromises this. It is often the children who can be the worst affected by parents separating the proceedings because they struggle to understand why their parents are no longer living together.
It’s important to keep things as normal as possible for them so you should try and form a parenting plan that suits all parties.
Although a court order can determine where the children will live, and the amount of time they see either parent; it is always advisable to try and reach an agreement with your ex-partner as soon as possible as this will save a lot of stress and upset for all concerned if these issues can be agreed at an early stage.
2. Finances
Just like the children, an agreement being reached early on in respect of the marital finances is best for all parties. Remember, if children are involved, the judge will try and find a solution that protects their welfare and will split any assets to ensure this is the case.
Make sure you are clear as to what assets are available within the marriage to be distributed and then think about what you can afford, what you need to support yourself after the divorce and then enter into negotiations to see if you can reach an agreement with your ex-partner.
If an agreement can be reached as part of the divorce process, you can file a Consent Order with the court to ensure that the financial aspects of the divorce are formalised.
3. How will you deal with anger and resentment?
Divorce can be a stressful time for both parties, with feelings of anger and sadness getting in the way. Some friends or family members may disagree with the way the process has ended and may lose contact with you.
It’s important that you have a good support network around you – filled with people who will be on hand to provide emotional support.
Accept help wherever possible and try not to let the anger of others affect you.
4. How to fund the divorce proceedings
If one party contests or argues against the divorce and the settlement, you may need to hire a solicitor to guide you through the process.
If you are a victim of domestic abuse, legal aid will be available. If this is not the case, you should make a clear plan of how you intend to fund your case and there are a number of options that can be adopted.
5. Are you making the correct decisions?
Divorce can have an impact on the lives of many people, so it’s vital that you think carefully about the decisions you make but as a general rule, you should always try and keep a clear head and stay calm.
With over 30 years’ experience, Lennon’s Solicitors can provide you with expert advice on the best ways to present your case. Get in touch today and let us guide you through this tough time.
At Lennons Solicitors, we offer FREE initial meetings to all new family law clients with no time limit set. Lennons Solicitors can help you understand what your rights are, whether you are going through a relationship breakdown or if you are dealing with domestic abuse. Lennons has had this policy in place since January 2017 when Gavin had implemented it.
Articles linked to Family...
Gavin Henshaw, Head of Family Law,... read more