The first Monday of the New Year is often referred to as ‘Divorce Day’, as statistics shows an increase in divorce enquiries following on from the New Year and Christmas period. Often people have time to reflect on their situation over the holidays and decide that they need a fresh start. At Ramsdens our Family team are on hand to ensure that what is likely to be a very difficult period in your life, is eased by an experienced team who will handle your separation with sensitivity and guide you through this next chapter as smoothly and efficiently as possible. See our Top 10 Tips below if you are yourself considering a divorce.
1 – Consider a Holistic Approach
Divorce can often be overwhelming and distressing and involves a range of complex issues. Adopting a holistic approach from the outset of your divorce can encourage a healthy and efficient separation for both parties and children. Being holistic requires an open mind and being realistic about your own situation and possible outcomes. It is important not to dwell on an isolated incident which disables you from focusing on the future and welfare of yourself and your children.
2 – Get Legal Advice
In order to reach an agreement that is in your best interests, you should have a clear understanding of your legal rights and responsibilities. This prevents delay and allows you to feel in control of your situation. In times of anguish your judgment and decision making ability may be clouded. Obtaining legal advice at an early stage will provide clarity and guidance and can lead to a much more efficient cost effective and progressive divorce.
3 – Research
Before instructing a solicitor it is essential that you have carried out your own relevant research. It is extremely important that you find a solicitor with whom you are comfortable with and have confidence in. Not only this, but familiarising yourself with the divorce procedure may be much more time and cost effective. However, you must recognise the importance of seeking professional advice as common misconceptions are particularly prevalent on the internet and should not be relied upon.
4 – Consider Your Options
From your research or advice sought you should think carefully about your options and the route you wish to take. Divorce and financial proceedings can be resolved in a number of ways including Mediation, Arbitration, round table meeting, Collaborative Law or Court proceedings. You should decide which route best suits your spouse and yourself.
5 – Ask Questions
You may carry out your research yet still feel in the dark. Here at Ramsdens our highly trained and expert Family Solicitors understand the multi-faceted and complicated nature of divorce law. We can empathise with the difficulty of the process and offer clear, informed advice. Guidance from an independent professional who is emotionally removed from your situation facilitates a factual peripheral and makes room for sensible, fair negotiations.
6 – Understand Your Finances
Full financial disclosure is a legal requirement when distributing assets upon divorce. It is important that you understand your finances and are ready to honestly disclose them. The Law broadly considers a number of factors when determining distribution including contributions, needs, pensions and income. This will require you to be aware of the assets accumulated by you and your partner before, during and after separation.
You should offer the same level of respect that you wish to receive throughout the process. Promoting an environment of respect and integrity is vital in ensuring that your legal journey is as amicable and smooth as it can be. This often leads to a quicker and more cost effective divorce and ensures a safe and healthy environment for any children involved.
8 – Putting Children First
It is vital that throughout your divorce, your children’s welfare is at the forefront of your mind in respect of your behaviour and decisions. Divorce, is already a difficult concept for your children and should be not be fuelled by hostility nor should they be used as a tool to manipulate the other party. Your decisions should always put your children first. Often this mind-set encourages better outcomes and courtesy to your spouse throughout the divorce.
9 – Focus On The Future
Unavoidably, divorce requires consideration of the past, present and future in order to reach a fair agreement. You should however maintain a forward-thinking mind-set focusing on a fair and positive future for both parties. A ‘blame-game’ mentality, soon to be further discouraged by the incoming 2022 ‘No-Fault’ Divorce Law, only leads to delay and hostility. An open mind-set is vital for a positive future for both parties and children.
10- Communicate
You should maintain clear and focused communication with your spouse throughout the process particularly when discussing childcare arrangements. It may be tempting to act out of frustration or in retaliation but you must use effective, to-the-point communication in order to foster an open and respectful atmosphere to negotiate within.
If you are considering a divorce and wish to seek legal advice in relation to your options please contact our friendly Family Team here at Ramsdens Solicitors in order to arrange a free 30 minute consultation on 08000 147720 or email family@ramsdens.co.uk.