Things to consider when getting a divorce

There are many things to consider when getting a divorce.  This is by no means an exhaustive list, but it may just enable you to be prepared for an initial consultation with one of our lawyers.

Do you consider your marriage has broken down irretrievably and is irreparable? If you answered yes to this question, then it may be a good idea to take legal advice in respect of divorce.

Here at Andrew Isaacs Law, we offer a no obligation fixed fee appointment.

Eligibility

• Has your marriage broken down irretrievably?
• Have you been married for more than a year?
• Is your marriage legally recognised in the UK?
• Is the UK yours or your spouse’s permanent home?

If you can answer yes to all of these questions, then you will be eligible for a divorce.

Marriage Certificate

To start divorce proceedings, you need to have an original or certified copy of your marriage certificate. If you have lost or misplaced your marriage certificate a new one can be ordered online. If the marriage certificate is no longer where it was kept, it may be that your spouse has taken it to start divorce proceedings.

Finances

Do remember that divorce and finances are different. You can get divorced without touching on finances, but you must consider the risks of not finalising your finances. There are an awful lot of things to consider when it comes to finances but in the first instance, you should ensure that you are aware of your financial situations. It would be sensible to collate the following information to assist in voluntary disclosure with an aim to settling the issue at the earliest opportunity:

1. Bank Statements: for all bank accounts, typically covering the last 12 months
2. Payslips: usually covering the last 3 to 6 months
3. Property Valuations: for any property you own or have an interest in
4. Pension Valuations: CETV statements any pensions you hold
5. Investment Statements: such as stocks, shares, and/or bonds
6. Mortgage Statements: a redemption statement including any penalties for ending your term early
7. Loan or Credit Card Statements: details of any debts, including loans and credit cards
8. Business Accounts: if you own a business or have an interest in one, you will need to provide recent accounts or financial statements.
9. Tax Returns: from HMCR
10. Details of Other Assets: information on any other significant assets, such as vehicles or valuable personal items.
11. Your monthly expenditure: list your monthly expenditure in detail, include payments such as, gym membership, Amazon Prime, Netflix, take aways, if applicable

In addition to the above list of documents, we would deem it sensible that you discuss matters with a mortgage broker, who will be able to confirm your borrowing capacity.  This is likely to be relied on when negotiating, to confirm what you require to move forward.

If you have any joint bank accounts, it may be worth checking the status of them and try to avoid having any overdraft facilities on them. The problem with overdrafts on joint accounts is that your spouse could run up debt that you remain jointly responsible for.

If you find yourself in a situation where your spouse has always maintained the mortgage and bills but they have all of a sudden withdrawn from the same, then seek legal advice as there may be an interim order available to you to order the spouse to continue providing the financial support that they had previously.

Always take legal advice before committing yourself to making monthly payments to your spouse. You may find yourself committing to a financial situation due to moral obligation or guilt which could potentially impact any future financial settlement.

Passwords

It is important that you change any passwords to emails and personal banking or anything that your spouse may be able to access or guess your passwords to where you may not want them to access.

Contents of the Home

Legally your house contents are considered chattels and are generally perceived as being jointly owned. It would save costs, arguments, and possible disappointment if you and your spouse can seek to agree how to split your contents between you, without the involvement of solicitors or court. Solicitors can certainly help you but if you have agreed what is to be each of yours and are able to resolve this amicably, then try to do so.

The same applies for pets. The court views pets as property. If you cannot agree who should keep the family pets then the courts would look at who purchased the pet, paid the vets’ bills and food. To try and save disappointment of a judge simply awarding you or your spouse the beloved pet, then it is best to try to agree at the outset and possibly even agree to share the pet.

Alternatives to Court

When divorcing and in particular when making financial arrangements, court should always be the final consideration. There are always alternatives to court if you and your spouse can’t agree.

You should give some consideration to mediation. There is collaborative law to consider, or your solicitor can seek to resolve issues via correspondence.

You may wish to deal with your divorce without instructing a solicitor and file your application online if you are confident in what you are doing. Please bear in mind though, we are experts in our field for a reason.

Children of the Family

If you have children and are thinking of divorcing then feelings of worry, guilt and uncertainty can become amplified. The welfare of your children is the courts’ paramount consideration.  However, divorce does not directly deal with the arrangements for your children. You and your spouse are expected to try to agree the arrangements for your children between yourselves; if this is not possible there are alternatives to court available and court applications should be a last resort.

If you have any fears for yours, or your children’s safety you must seek professional help immediately.

When thinking of separating, consider what arrangements you would like for the children and seek to discuss this with your spouse as soon as you can. A divorce should not mean that you can no longer co-parent or discuss arrangements amicably in respect of the children.

Legal Advice

Always seek legal advice that is tailored and specific to you. Contact us today to arrange a consultation with  one of our lawyers at Andrew Isaacs Law.

Article dated: 23/10/2024