It is a well-known fact that the divorce and all that encompasses the notion can be difficult and stressful for clients. There are always a number of big decisions to be made which can be eased with help from our family law solicitors, because we understand that each client’s circumstances can vary differently we are well equipped to deal with every case effectively. It is they, not the lawyers, who have to live with the outcome of untangling assets on divorce. With this in mind here are some of the things that may play a part in a delicate matter like that of a divorce.
Fairness is key
A focal question in a divorce case is whether it’s possible for the distribution of assets to be fair on both parties. Putting the cynicism aside that can often surround the divorce process, the concept of fairness is the golden thread that runs through all divorce cases. Fairness is of course a subjective test and – if the parties cannot agree what is fair – one upon which ultimately a court will adjudicate.
We do still have a fault-based divorce system so unless the parties concerned can agree to divorce after two years separation, one spouse will have to initiate the process and file for divorce on the grounds of adultery or unreasonable behaviour, but even then this can be done in such a way which does not cause offence, and an agreement can usually be achieved to the documents being drafted in such a way that no one is prejudiced.
Focusing on the children
Children will undoubtedly be trying to come to terms with the situation and the fact that their parents are no longer living together. Depending on the parents handling of proceedings with their divorce will reflect on how well the children cope. Amicable parenting relationships moving forward will have a significantly positive effect on the children. To minimise the collateral damage of a divorce or separation the Family Law Co will provide the right legal support with the correct approach for your specific situation, looking for sensible outcomes which put the needs of children first in everyone’s minds.
Splitting of the Matrimonial Assets
Often the most contentious aspect of divorce, is how to allocate assets pensions and money. There are two steps to this, the first being the gathering of information, the second being an exploration of how the assets and income are to be divided to be able to meet the needs of all concerned.
The initial step is to identify what the family owns and owes, in other words assets and debts and what income and budget each will have for the future. Some couples will both know those details, but sometimes one of the couple will have left the financial management of the family to their partner, and feel vulnerable. The accurate gathering of Information is crucial to achieving a fair outcome.
The second stage is to find a solution which matches the available assets and incomes to the needs of the family, putting the needs of the children if any first. Those needs are for each to have a home, sufficient income on which to live, and security for the future in the form of pensions when available.
Sound objective legal advice can help a couple who are often in the midst of confusion see the wood for the trees, and find a solution which is fair to all. The end result will be something which both of the couple can live with, and they can bring their relationship to an end with dignity.
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