What Are The Top Ten Most Typical Divorce Oversights?
Without being repetitive, divorce can be a stressful experience. Most people only go through a divorce once in their lifetime, so this is typically their first time. As with anything new, it can be challenging to negotiate unknown dangers and feel confused about how to avoid errors.
What are the top ten mistakes made during Divorce?
1. Not Receiving a Financial Order
A lot of people choose to handle the divorce process on their own, especially with the internet system. The common misconception, however, is that your divorce absolutely involves cutting your financial ties. Certainly not! You need a financial order to give you a clean break and stop future financial claims from being made, even if you and your partner have already come to an agreement over the financial parts of your partnership. Considering how complicated they can be and how important consistency is, financial orders should ideally be written by a lawyer with experience in this field.
2. No Financial Planning
If you don’t know what this will actually mean in practise, claiming that you want 40%, 50%, or 60% of the assets is worthless. Plan carefully after discussing the percentage’s real-world equivalent with your financial planner and solicitor.
3. Remarriage Before The Financial Situation Has Been Settled
Knowing that your client has scheduled a wedding date before the divorce is final is the one thing that makes divorce lawyers sweat the most. You must be aware of the possibility that new relationships could delay ongoing divorce proceedings.
You potentially lose your ability to get a financial order if you remarry without one. The Matrimonial Causes Act of 1973 and the justice it seeks to attain cannot be relied upon as a result. The “Trusts of Land and Appointment of Trustees Act 1996,” which is tougher and provides the courts with a lot less flexibility, would be the law that any requests would need to be made. Unexpectedly, pension claims are still eligible following remarriage.
4. Agreed To Deduct Capital Assets From Child Support Payments
If a lump sum payment or a larger portion of the marital estate rather than continuous monthly child support payments might be given to the primary caregiver, it is not unusual to ask for this. The issue is that there is no way to completely end child support obligations or remove yourself from the child maintenance agency’s view.
5. Talking to your children about the divorce or your ex-spouse
Despite the fact that your relationship is over, you are still both the children’s parents. Children shouldn’t have to handle these complex adult concerns since they lack the emotional maturity necessary to do so. It is typical for parents to claim that it is crucial for the kids to understand “the truth” regarding the other parent. This may even backfire and cause severe harm. The kids must understand that getting along with both of their parents is okay.
6. Hoping That You, Or The Court, Can Change Your Ex-spouse
We can provide assistance in a variety of ways, and the court can issue orders about a wide range of issues, but we are unable to change the behaviour of others. No amount of court orders will change your ex-partner if they are uncooperative, challenging, or unreasonable. We need to control how you react to them by working with you and possibly a divorce coach.
7. Getting Legal Counsel When Divorcing Family Or Friends
While your friends and relatives may have excellent motives and may even have gone through a divorce themselves, neither of them nor you were married to your ex-spouse. The people who care about you are on your side and should be by your side to offer you emotional support, but a qualified counsel is the only one from whom you should have to seek legal advice.
8. Having The Misconception That Only Your Friends May View The Social Media Posts You Make
Never post anything in a text message or email that you wouldn’t want a judge to read later, or publish anything on social media that you wouldn’t want them to see.
9. Making An Application To The Court Right Away
The only other option should be going to court. No one wants a judge making crucial life decisions on their behalf who doesn’t actually know them, their ex-partner, or their kids. Court appearances are expensive, dangerous, and emotionally draining. Always look into lawyer discussion, mediation, and arbitration before filing any court applications. These techniques should provide you with far more control while also potentially saving you money.
10. Going On Every Issue Alone
The sceptics among you could object and argue that I must admit it, but divorcing someone can be a difficult and complex procedure. To put it simply, you should make sure to seek legal counsel from the very beginning, before coming to any agreements and/or signing any documents, so that you are aware of your possibilities and expectations.
Please call our SGT Law Firm Team to speak with an expert divorce lawyer if you have any questions about divorce, how to avoid typical divorce mistakes, or other family law matters.