Considering Divorce? Six Things You Need to Know

considering divorce

Considering divorce? Here are some quick pointers to set you off in the right direction.

1. Everyone will have an opinion

Yes, that’s your family and friends, your neighbours and your colleagues at work. Even your Facebook friends. This can be distracting if you’re trying to figure out what to do. Struggling to see the wood for the trees? Time to get advice from an experienced family lawyer.

2. Try not to make a drama out of the divorce petition

A divorce petition can simply be a means to an end. You want to get divorced? – filling out the paperwork is how to go about it. Only you, your ex and the Court are ever likely to see the divorce petition, so try if you can not to fall out about it. If possible, agree which one of you is going to issue it and agree what it’s going to say. See my blog, Grounds for Divorce, 5 Things you Need to Know.

There are so many other more important things to focus on right now.

However if there’s been domestic abuse, or you believe the children are at risk, please seek immediate advice from an experienced family lawyer.

3. Address the finances

You can’t just leave things hanging, not indefinitely, because you will both be moving on. Important decisions need to be made about the assets – who gets what – and about child maintenance. See my blogs How do you Split Assets in a Divorce and What are your Child Maintenance Options? 

The divorce and the finances can run in parallel, see my blog What Comes First, Divorce or SettlementIf you can agree it all between you, that’s great. But please get legal advice on your rights – a one off appointment won’t cost much. After all, this is the rest of your life.

You both need closure and certainty when it comes to the finances. This means a Court order. But this doesn’t mean you have to attend at the Court, or that it will cost you a fortune – it can be a simple process. See my blog How to get a Consent Order? A Simple Guide.

4. The lawyers don’t have to win

Try to talk to your ex even if it’s really hard. If you fall out you may have to put everything into the lawyers’ hands. Worst case scenario, it all ends up in Court. This could cost you a great deal. Try these alternative approaches:

5. Pension or family home?

If you’re thinking you want to stay in the family home, come what may, take a moment to think. A share of your ex’s pension might be more valuable to you, long term. In many years time when you retire, you might discover that your ex is sitting pretty with a huge pension. Whereas you’re scrabbling around with a tiny pension and a big house that needs lots of maintenance.

This might be an opportunity to plan for the future. Perhaps you can downsize, release some capital for your ex, and get a share of their pension in return? This may take a little extra effort but might be worth it in the long term. Speak to an experienced family lawyer.

6. Ring fencing assets, your inheritance, pension, business …

Can you ring fence your assets? It depends. See my blogs Ring Fence and Protect Assets on Divorce and How to Protect Inheritance on DivorceDo you have to throw your business into the melting pot? See my blog, How to Protect Business on Divorce.

Considering Divorce? Six Things You Need to Know

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on Considering Divorce? Six Things You Need to Know. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post Considering Divorce? Six Things You Need to Know are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for Considering Divorce? Six Things You Need to Know A rayas by Juanedc on Wikimedia.

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What Are The Property Rights of Unmarried Couples?

Property Rights of Unmarried Couples
Has your relationship broken down? The property rights of unmarried couples are different in many ways to the rights of married couples and those in civil partnerships. And please remember, there’s no such thing as a common law marriage.

So what are you going to do about:

  • property
  • assets
  • debts
  • your children

Home in joint names

Are you going to sell or is one of you going to buy the other out? But what’s your share? – if you own it in joint names you’re entitled to half of the net sale proceeds. So now’s the time to get some idea of the value from a couple of estate agents.

Declaration of trust

This sets out the shares in which you own the property. But not sure what it means or if it’s valid? Please don’t forget to consult an expert family law solicitor.

Cohabitation agreement

A cohabitation agreement is always a good idea, see my post 6 Things you must include in a cohabitation agreement. If you do have one it may set out the shares in which you intend to own the property. But do you own the property as tenants in common with a declaration of trust?

Tenants in common

See my post Shall I buy a house with my partner for a clear explanation of the difference between owning in joint names and owning as tenants in common. But even if you do own the property as tenants in common, is this backed up by a declaration of trust?

Can’t agree a sale or your respective shares 

You may have to make an application to Court under the Trust of Land and Appointment of Trustees Act. But save yourself time and money with an out of court settlement.  See my recent post How to Avoid Court – Family Mediation, Collaborative Law & Arbitration

Home in sole name

If you live in a property owned by your partner you may have a claim if:

  • you contributed to the purchase price (including making mortgage payments) or to the value of the property in money, or money’s worth. For example did you refurbish the property?
  • or perhaps your partner said you would always have a roof over your head.

You may have an interest in the property under trust law. But beware, these cases can be expensive and complicated. Try an out of Court approach first.

What about a home for the children?

You can make a claim for financial provision for the children including property or a share of property under Schedule 1 of the Children Act. Here again, try an out of Court approach first.

Other assets

It all comes down to ownership. If they’re in joint names, you’re entitled to half. If in sole name, they belong to just one of you.

What about debts?

If they’re in joint names, you’re jointly liable. If the debts are in your sole name, you’re solely liable.

Domestic abuse

You can make an application to the Court under the Family Law Act 1996 to:

  • protect you from domestic abuse and
  • protect your occupation of your home

Child maintenance 

Visit the Child Maintenance Options site and find out the best way to agree a family-based arrangement. You and your partner may be able to make your own arrangement about how much child support to pay. Here’s a link to an online child maintenance calculator

But if you can’t agree you’ll need to go through the Child Maintenance Service (and pay a fee). See my blog What are your child maintenance options.

Who are the children going to live with? Who are the children going to see?

Try to agree between yourselves. If you can’t, try an out of Court approach such as:

See my recent blog How to Avoid Court – Family Mediation, Collaborative Law & Arbitration

Parental responsibility

PR is all the rights and responsibilities of parenthood. For example, to be consulted on matters of education, religion, medical intervention. All mothers have it and unmarried fathers (or fathers not in civil partnerships) if they:

  • jointly register the birth of the child with the mother (from 1 December 2003)
  • enter into a parental responsibility agreement with the mother
  • obtain a parental responsibility order from the Court

Here again, if you can’t agree, an out of Court approach may help.

If your partner has died

You may have a claim under the Inheritance (Provision for Family & Dependants) Act for financial provision from their estate if your partner:

  • didn’t make provision for you in their will
  • didn’t make sufficient provision, or
  • perhaps didn’t make a will at all

What Are The Property Rights of Unmarried Couples?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on the question What Are The Property Rights of Unmarried Couples? In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post What Are The Property Rights of Unmarried Couples? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for What Are The Property Rights of Unmarried Couples? Couple at Each by Anuvand 68 on Wikimedia  

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