What Are the Most Common Mistakes When Divorcing?

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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. 

We have put together some points to consider if you are separating or thinking about separating. 

Not sorting out the finances and getting a court order 

If you are thinking about separating, it is important that you also think about the financial matters. The divorce element only serves to officially end a marriage or civil partnership, and it is essential that you receive legal advice.

Simply terminating the marriage or civil partnership does not prevent either party from making a claim for financial provision. If you want to ensure that neither party can make any further claim against the other in life or on death, then you would need to enter into a clean break consent order.

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

In proceedings for divorce, nullity or the dissolution of a civil partnership, the Court has the power the share pension savings between parties. 

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 the head of yourself or the children. 

Ignoring pensions when sorting out a divorce settlement 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. 

What Are the Most Common Mistakes When Divorcing?

Discussing the divorce with your children 

Separation and divorce can be a challenging and upsetting time for all involved. But even though the relationship between the adults has ended, your role as parents has not stopped. It is important to make sure the children get the support they need.

Remind children that they are loved by both parents, be honest when talking about it, but keep in mind the child's age and understanding. Avoid blame and do not share any negative feelings the adults have about each other.

Going straight to court 

Applying to the Court to resolve financial matters or the arrangements for your children should always be the last resort.

Mediation should be considered if it is suitable, and we can recommend accredited mediators who can assist you with working out the best options for settlement. 

The family team at Myerson are all members of Resolution, an organisation of family professionals committed to helping separated couples to deal with matters constructively to avoid unnecessary conflict. 

Lack of financial planning 

It is important to consider what your financial needs are, including the needs of any children. You may need advice from other professionals such as accountants, mortgage advisors and pension on divorce experts to consider what any potential financial settlement will mean to you on a practical level. 

Not taking legal advice 

Applying for a divorce and sorting out your finances on divorce can be a complex and technical process. Getting legal advice at the start is important, so you are clear about your options. 

Not considering emotional support 

Divorce is a time of great stress and is commonly referred to as one of the most stressful life events. Your closest relationship is breaking down, and it is normal to experience poor mental health. 

We provide a personal service that allows you to focus on your emotional needs whilst we deal with your legal needs. We have links with local therapists, including counsellors, hypnotherapists, and psychotherapists, who we can put you in touch 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