We appreciate that separation and divorce can be a highly traumatic, emotional, and stressful time.
It can feel very confusing, and it is important to try to take control of the situation and seek legal advice at the earliest opportunity.
Our Divorce Lawyers have put together some points to consider if you are separating or thinking about separating.
Not seeking legal advice early
Applying for a divorce and sorting out the financial arrangements can be complex and technical.
Getting legal advice at the start is important so you are clear about your options.
A family solicitor will provide you with support and guidance to understand your rights.
Finalising your divorce or dissolution without out sorting out the finances
If you are thinking about separating, it is important that you also think about the financial arrangements.
Finalising your divorce or dissolution does not prevent your former spouse form making claims after the divorce or dissolution has concluded.
Terminating the marriage or civil partnership does not prevent either party from claiming financial provision.
If you want to ensure that neither party can make any further claim against the other in life or death, you would need to enter a clean break consent order.
Financial orders are complex, and you must seek advice from a specialist family lawyer.
Overlooking pensions
Pension benefits will often be the second largest asset after the family home, and it is important to understand the range of options available when dealing with pensions.
The court can share pension savings between parties in proceedings for divorce and dissolution of a civil partnership.
It can be easy to overlook pensions when you are separating, as you will likely be concerned about the immediate need to put a roof over your head or that of your children, but it is important to consider your income in retirement.
Ignoring pensions can leave parties, and particularly women, in a weaker financial position after a divorce which can easily be avoided if you obtain the right advice.
In most cases it will be necessary to instruct a pension on divorce expert to check the values of pensions and provide calculations for pension sharing.
Advice Now is an independent, not-for-profit site that offers guides about divorce, including a survival guide to pensions.
Lack of financial planning
It is important to consider what your financial needs and future requirements are, including the needs of any children.
You may need advice from other professionals such as accountants, financial advisors, mortgage advisors and pension on divorce experts to consider what any potential financial settlement will mean to you practically.
The family team at Myerson have excellent links with financial planners who can assist you alongside the legal process.
Going straight to court
The family team at Myerson are all members of Resolution, an organisation of family professionals committed to helping separated couples resolve matters constructively to avoid unnecessary conflict.
Applying to the court to resolve financial matters or the arrangements for any children should always be the last resort. Several alternative dispute resolution (ADR) methods involve resolving disputes outside the court system.
Mediation is a popular dispute resolution method involving a mediator facilitating discussions between you and your former partner about how to resolve practical and legal arrangements for separation.
Mediation should always be considered if it is suitable, and we can recommend accredited mediators who can assist you with determining the best settlement options.
Discussing the divorce with your children
Separation and divorce can be a challenging and upsetting time for all involved, so helping children through the divorce is important.
Even though the relationship between the adults has ended, your role as parents has not stopped, and it is important to ensure that the children get the support they need.
Remind children that they are loved by both parents, be honest when talking about the separation, and keep in mind the child's age and understanding.
It is important to avoid blame and not share any negative feelings you may have about your former partner.
Resolution has some good guides about parenting through separation.
Not considering emotional support
Divorce is a time of great stress and is commonly referred to as one of the most stressful life events.
The family team at Myerson are experienced divorce solicitors who will support you every step of the way.
We provide a personal service that allows you to focus on your emotional needs while we handle your legal needs.
Your GP can signpost you to organisations and professionals who may be able to assist, and we have excellent links with local therapists, counsellors, hypnotherapists, and psychotherapists, whom we can connect you with for additional emotional support.
Contact Our Divorce Solicitors
At Myerson, our family law solicitors understand that separation and divorce is an emotional and confusing experience, and the divorce process can seem daunting. If you have any more questions or would like more information, you can contact our team below.
0161 941 4000
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Sarah Whitelegge
Legal Director
Sarah has over 17 years of experience acting as a Family Solicitor and as a Legal Director in our team. Sarah has specialist expertise in complex children matters and has experience of dealing with applications for child arrangement orders, prohibited steps orders, and special guardianship orders.
About Sarah Whitelegge