One of the most challenging and stressful periods in a person’s life may be when they decide to divorce their spouse after deciding that they can no longer live together. Before beginning the procedure, our Peterborough Divorce Mediation specialist in family law, Lisa Honey, discusses some of the most important things to keep in mind, including the following:
1.Is there no way to save the marriage from its current state?
It may appear to be a simple question to answer, but it is essential to determine whether or not there is a possibility of repairing the relationship. If this is the case, it may be a good idea to think about participating in some kind of treatment, such as marriage counseling or family therapy.
2.Obtain legal counsel
It is imperative that you make sure you have obtained clear and independent legal advice so that you are informed of the options available to you as well as the implications of any agreement that is reached. You need to have a good understanding of the choices you have in regard to the divorce, as well as the financial issues and, if applicable, the child custody arrangements.
3.Take your time
A divorce is not something that should be decided upon in a hasty manner. Take some time to think about the alternatives and choose whether it would be more helpful under the circumstances to separate for the time being or to immediately start the divorce process.
4.Think about the choices you have.
After you have sought the counsel of an attorney, there will be a great deal for you to consider. You will need to make decisions regarding how the matrimonial finances will be handled (to include the family home, who will remain living there, who will be responsible for paying the household bills, etc.), how the children will be cared for going forward, and whether or not you will initiate divorce proceedings at this time or wait (depending on your circumstances).
5.Consider the Court requirements
In the event that you do want to initiate the divorce proceedings, the original copy of your marriage certificate will be necessary. In addition to this, you will need to determine who will be responsible for paying the court fee and on what grounds the divorce will be granted.
6.Update your details/ entitlements
There is a possibility that there are other measures that need to be taken now that you have split. For instance, if one party was previously unable to claim child benefit due to the high income of the other party, it may now be appropriate to make a claim; the council tax bill may now be reduced to allow for a single occupancy discount; utility bills and insurance policies may also need to be updated; and so on. Before implementing any sort of change, you should always consult with others first.
7.Take into account the requirements of any children present.
When looking at the family’s finances and making future plans for the children, it is imperative to give primary consideration to the necessities that any youngsters in the family may have. To guarantee that both partners are able to effectively co-parent their children, it is essential to have a positive relationship with the other parent. It is also a good idea to think about the most effective approach to get to an agreement, such as through mediation or collaborative law, both of which are typically less adversarial than other legal processes.
8.What Should Be Done About Child Support?
Investigate whether or not it is suitable for one party to start paying child maintenance for the other party. The laws governing the Child Maintenance Service (CMS) stipulate that the “non-resident” parent is the one who is obligated to make child support payments to the primary caregiver of the children. On the website of the CMS, there is a helpful calculator that can be viewed online and is available to parties.
9.Make every effort to keep a healthy relationship with your partner.
The decision to divorce, as well as the handling of any connected financial or child-related issues, can frequently result in a significant increase in hostility between the parties. The parties involved should work toward reaching an agreement in the most civilized manner possible in order to minimize the risk of further delays and potentially high legal fees. There is more than one way to settle a dispute outside of the formal proceedings of a court, such as through family mediation, collaborative law, or through the negotiations of a lawyer or attorney. No matter the approach taken, it is essential to ensure that a clear channel of communication is kept open at all times.
10.Take care of yourself first and foremost.
As was just discussed, going through a divorce or separation can be one of the most difficult periods in a person’s life. Because there will be so much going on, guests at parties frequently neglect to pay attention to their own health and safety. It is essential to make certain that you have a solid network of support surrounding you at all times.
Should you require legal assistance on divorce, separation, financial concerns, or child custody and visitation arrangements, please do not hesitate to contact us.