Divorce Day Myths and Realities

We are all busy throughout December getting ready for the festive season. Presents to be bought and wrapped. Children are to be taken backward and forward to meet Santa. Then once it is all over, we have the New Year upon us when many people begin to reflect on their home life and as a practicing divorce lawyer for some years, I can confirm that January tends to be one of our busiest periods. There is the annual phenomenon on the first Monday after the New Year known as “Divorce Day”. This is in fact not strictly true and is something of an urban myth. Quite often a person will have contacted a divorce lawyer for advice well in advance of January but decide to wait until after Christmas before starting any proceedings.

I often say to a client that issuing a divorce application is not a step that should be taken lightly, and careful reflection and thought must be given before a divorce application is made. It is only in certain circumstances where there are issues of domestic abuse or other financial issues that an immediate divorce application should be made.

Although the divorce application is often seen as the most crucial aspect of the breakdown of a marriage, often that is sidelined by the necessity of resolving financial matters and child arrangements between the parties before the divorce can be finalised.

What is essential for anyone considering a divorce in the New Year is seeking expert legal advice about the consequences of the breakdown of their marriage. Many couples have valuable assets such as property, pensions, a business, savings and investments. All these assets and their division can be complex and difficult to divide fairly between them. There may be some aspects of the case that need careful expert consideration and advice, such as the valuation of business assets, or how to fairly divide pension assets.

Another aspect that is often contentious between parties is property that has been acquired prior to the marriage, or since separation. Pre-marital and post-separation assets can sometimes be treated differently by the Court and are not necessarily seen as joint assets. The Court will first and foremost look to achieve and fairness and equality and then look to the needs of the parties considering the needs of any children.

It is important to remember that attending Court to ask a Judge to determine how your assets should be divided should be seen as a last resort. There are many ways for alternative resolution of all matters between you, including family mediation, arbitration, or negotiations between solicitors. The most crucial thing to remember is that expert legal advice is invaluable. You should not agree to any final division of assets without seeking guidance from an expert Family Law lawyer who specialises in Financial Remedy proceedings so you can be sure you are getting sound advice on how best to resolve the division of assets between you.

How Can Forbes Help You

If you are considering divorce, it's important to evaluate the legal and emotional ramifications. Receiving expert legal advice is crucial in guiding you through the division of joint assets, child arrangements and other financial considerations. Alternative dispute resolution methods (mediation or arbitration) should be explored before resorting to Court. Ensuring you have the right combination of support and guidance will help you make more informed decisions for your future.

If you are considering separation or have already separated and need legal advice, please don't hesitate to get in touch.