Divorce advice to guide couples in divorce

Divorce advice - grounds for divorce

The grounds for divorce vary according to the jurisdictional divorce law that governs the current residency of the couple. In general though, the grounds for separation are categorized as Fault and No-Fault based. Separation based on No-Fault is the most common in the US and the UK. A No-Fault based system means that the couple do not have to prove that any one party is at fault before the legal termination of marriage is granted. In fact, the only state in the US that does not operate a No-Fault based system is New York. A Fault based system requires that proof of fault must be presented before a legal termination of marriage is granted. The grounds for separation in most countries are a combination of one or more of the following irreconcilable differences, Adultery, Desertion, Separation with consent, Separation without consent.

Divorce Advice - choosing a divorce lawyer

When choosing a divorce lawyer the first priority must be to ensure the lawyer is experienced in family law, and that this experience was obtained in the county in which the couple are currently resident of. An experienced divorce lawyer may seem costly at first but this expenditure becomes trivial in comparison with the mental, emotional and financial anguish that could result by not hiring one. However, most family attorneys operate a profit-based business, which means their profitability is dependant on the number of clients they have, and this means it is in their interest if couples proceed with a legal termination of marriage. It is therefore vital that reconciliation through marriage counseling is given a chance first before contacting the family attorney. Do not be tempted to visit a divorce lawyer unless separation is absolutely immanent.

Divorce Advice - The Children

Divorce child custody disputes tend to have long-term emotional and psychological impact on the children. The custody disputes are often problematic, complicated and laborious that can lead to a child feeling traumatised and emotionally confused. The court of law will try to minimise any emotional trauma during the custody disputes, but there are ways that parents can directly influence the extent to which a child is traumatised by this experience. Apart from exceptional circumstances, it is advisable not to expect a child to have an input into the custodianship, as it will lead to long-term emotional trauma of openly rejecting one parent in favour of another. An amicable schedule must also be agreed where the children have regular access to both parents (Except in situations where a child may be at risk). The aim should be to make the children feel there has been very little change made to their daily routine, other than the fact that the parents are no longer living together. Financial provisions for the children must also be considered. This could be in the form of Child Support, government aid or may be even a change in your current job. Consideration must be given to all their future expenses and living costs, including clothing, medical bills, food, toys, school fees, pocket money etc.

Divorce Advice - The Finances

After the child custody dispute, Financial Divorce is considered to be among the most distressing and problematic aspect of any separation. An undesirable court ruling could result in a significant long-term financial loss for a partner. Consideration must be given to any ongoing financial obligation, pensions, life insurance, savings, bonds or shares, maintenance and support. It is for this reason that an experienced divorce lawyer must always be used in order to minimise any financial loss. The selling of the family home is another aspect of separation that can be complicated and problematic, as it is very rare for one partner to simply surrender their share of the house and its content without arbitration. Separation of assets such as a family home is also further complicated if the couple have a joint loan or a mortgage against the property. In cases where a joint loan has been secured against the property, the finance company must be informed prior to any proceedings. The distribution of personal or communal assets between the couple is also to be expected. Couples often are able to reach an agreement without the intervention of the family court. However, if the couple fail to reach an agreement, then the distribution is decided by the court of law.

Prenuptial agreements have become more common in the past few years, especially within the US. This is a contract agreed upon in advance of separation and can include anything that the couple would like to safeguard in the event of separation. The most common use of prenuptial agreement is the protection of assets and the spousal support. There are two types of prenuptial agreements, the Marriage Contract and the Cohabitation Agreement. The Marriage Prenuptial Contract is designed specifically for people who are getting married, where as the Cohabitation Prenuptial Agreement is used by couples cohabitation without being married. There is also a Postnuptial Agreement for couples who decide to enter into a contract after they have got married. It is important to recognise that the Pre and Post-nuptial agreements may not necessarily be legally binding and as such may not be enforced by the family court of law. It is therefore advisable that an attorney specialising in the family law is consulted before entering in any such agreement.

Divorce Advice - The Liabilities

Financial bonds linking the couple together are referred to as Liabilities. The most common of which are the Tax Liabilities and any Loans and Debts. The Tax Liabilities are the tax associated with any financial settlement, such as the Capital Gains Tax from selling a property. Loans or debts are also considered to be liabilities, if their ownership is in dispute (which also includes any bank loans, credit card debts, car loans etc.). Any joint mortgage against a property is considered to be a significant liability as splitting the mortgage is often problematic. If the couple are in business together, then the business is also considered to be a liability, and as such the couple may have no choice but to consider liquidation or solvency.

Other advice

One of the most common things that couples often forget to consider during separation is the ownership of the family pets. This can sometimes be as difficult as the custody battle over the children. It is also vital that couples document and record everything agreed or implied to ensure a clean break up at a later date. In keeping a record of what is agreed, it is also important to catalogue all assets and their values (including any hidden ones. Its very common for a partner to attempt to hide certain assets or finances in anticipation of a divorce proceeding). It is vital that both partners should have a signed copy of all documentations. Finally, Don't forget to notify all relevant organizations of changes to your circumstances after the legal separation.