Going through a divorce can be difficult and stressful for everyone involved, not just the separating couple. Often there are children to consider and even wider family members who are affected. With the following 10 point plan, you can reduce and even eliminate some of the stress and help to make the transition as smooth as possible for everyone involved.
10 point divorce plan
- Put children first. Children should not be used as a pawn in a battle of control between you and your ex. Keep children out of the middle of your adult conflict.
- Use mediation to reduce hostility and stress. Mediation is a practical, solution based approach to resolving issues and provides a cost-effective alternative to Court.
- Instruct a Solicitor. In order to obtain a fair settlement, seek professional legal advice on any agreements that you reach.
- Ensure your solicitor is a member of Resolution – First for Family Law. Resolution promote an approach that is sensitive, constructive, cost effective and most likely to result in agreement rather than confrontation.
- Attempt to resolve some issues yourselves. For example, disagreements over house contents can cause a disproportionate amount of legal expense.
- Keep control – of your emotions, your words and your actions.
- Disclose all assets. If both parties do not provide full disclosure you may not achieve a fair settlement. The Courts will look dimly on a party who has not provided this.
- Consider tax issues. Capital Gains Tax issues can arise for instance on transfers between spouses which do not occur during the year of separation.
- Aim for a Clean Break Order (where appropriate). This will cover you against any future financial claims once your settlement is agreed. The recent case of Vince v Wyatt at the Supreme Court ruled that an ex-wife can pursue a financial claim against her husband 20 years after the Divorce and 30 years after the separation. This could have been avoided had the parties entered into a Clean Break Financial Order at the time.
- After separation, maintain a reasonable distance. Moving in with your new partner over the road is likely to make things extremely acrimonious!
For further family law advice call our Family and Divorce Solicitors in Leeds on 0113 320 5000, who can discuss your options on a no obligation basis or email family@winstonsolicitors.co.uk
