Top 10 mistakes made in a divorce:
Read more below on how to avoid these common divorce mistakes:
1. Failing to get a financial order-
The only way to ensure that your divorce, and the agreement that you and your spouse have come to, is binding, is to obtain a financial consent order from the court. The drafting of this document is technically challenging, and can often be overlooked by those who are attempting to handle their own divorce proceedings. Our divorce solicitors know just how damaging this can be, and the effect that it can have when this step is skipped.
Without a proper financial consent order, any agreements made relating to your bank accounts, property, pensions and so forth, made between you and your spouse could not be properly legally binding, and therefore cannot be properly enforced if either party fails to stick to it.
How to avoid this mistake: The only way to safely avoid this mistake, is to work with a specialist divorce solicitor to help to draft the technically difficult forms for a financial order, in order to ensure that no mistakes are made. To see more on how our team can help, see this here, or get in touch with our specialist divorce solicitors today, here.
2. Not seeking legal advice-
With the world becoming increasingly digital, there are a growing number of online services offering DIY divorces. However, divorces are not easy, and a huge amount of legal jargon and complex legal procedures go into them. One simple mistake that you make could have devastating repercussions in the future, and could essentially make the DIY divorce settlement that you have drafted ineffective. You might trust that your spouse will stick to their word right now, but as things change, and circumstances develop, this might not always be the case.
How to avoid this mistake: While it might be an extra cost that you’d rather avoid, entrust the help of a reliable, expert divorce solicitor from the beginning. This is the point at which you need legal advice more than ever, and need to know all of your options before getting to the point of drafting or signing any legal documents that could affect your future and the future of your family.
3. A lack of financial planning-
When thinking of the financial aspect of your divorce, and how assets will be divided, it is no use throwing figures out there, such as claiming that you want 40%, or 60%, of everything, as divorces are a lot more complicated than this.
Financial planning in a divorce can cover many things. When you work with our divorce solicitors, we would always advise you to compile a list of all of the assets that you have as a couple, including everything from property to pensions, an overview of your incomes and expenses, and of how much you will realistically need after the divorce. Acts of greed, and people simply claiming that they need ’60% of everything’, without having any idea what this value is or whether they are entitled to this percentage, can be financially damaging to all parties, and can result in a poorly planned divorce with further implications.
How to avoid this mistake: Our divorce solicitors would always advise clients to really take their time gathering all of the financial information that they can for both themselves and their spouse before entering into the process of the divorce. It is not worth rushing the process with the hopes of obtaining more than your spouse, and if done incorrectly with properly valued assets, this could end up not being the outcome.
4. Getting remarried before the divorce finances are sorted-
Our divorce solicitors in Preston would strongly advise all of our clients to hold off on getting remarried until the divorce has been fully finalised and a financial consent order has been obtained from the courts. This would be the general sentiment of divorce lawyers across the country, and for good reason. If you decide to get remarried before the decree absolute comes through from your previous marriage, it can make the ongoing proceedings for your divorce complicated, and extremely difficult.
How to avoid this mistake: Take the advice of our divorce solicitors in Preston, and wait until you have successfully obtained a financial order from the court for your divorce before beginning the process of getting remarried or setting a date for another wedding.
5. Ignoring the importance of the pensions-
Our Preston divorce solicitors have recently written an insightful blog on the importance of pensions being included in divorce proceedings, which can be seen here. Aside from property, pensions are usually the next largest asset that a couple has. Many divorce proceedings see one spouse agreeing to overlook the pensions in return for keeping the family property in the divorce.
This can often be damaging in the long run when pension age is reached, especially when this spouse has a significantly lower pension value. It is important to consider what your financial position will be in the future, rather than simply overlooking the dividing of pensions.
How to avoid this mistake: The only way to properly avoid this mistake is to take the time to consider the value of each respective pension, and weigh up the options as to whether it is best to include the pensions in the divorce proceedings. Our divorce solicitors are experts in the handling of pensions in divorce proceedings, and can be contacted online here.
6. Not taking the time to choose the right divorce solicitor-
As previously mentioned, one of the most damaging mistakes that people make when going through a divorce is to not seek legal assistance and advice, opting instead for a DIY divorce. However, in some ways equally damaging, is when people waste huge amounts of time and money on the wrong legal representation, and divorce solicitors who do not have their best interest at heart.
Here at MG Legal, we work closely with our clients, building close working relationships with them and taking the time to make sure that they are made aware of all available options, while striving to meet their needs at all times where possible. While willing to fight tooth and nail for our clients in court where necessary, we will not advise that any clients begin complicated court proceedings where it is not necessary, or not the only option.
How to avoid this mistake: In order to prevent this, you should always take the time to research divorce solicitors and divorce lawyers to find the right one for you. Always take the time to read the reviews of any solicitor you are considering, and browse their website and fees thoroughly to learn more about their services. See an overview of MG Legal’s reviews, here, and see our clear and transparent divorce fees outlined here.
7. Involving the children in the divorce-
It might be tempting to discuss the divorce proceedings with your children, with them being the only other people directly involved in the divorce, and the only remaining ties that you have to your ex- spouse. However, children do not hold the emotional maturity to discuss these issues, and should not be involved in disputes between their parents.
No matter how strongly you might feel about the actions of the other parent, you should refrain from making this apparent to your children, and allow them to maintain a healthy relationship with both parents.
How to avoid this mistake: This can be an extremely difficult time for children, and now more than ever they need to be reminded how much both of their parents still love and care for them, without being involved in the details of the disputes between them.
8. Attempting to hide assets-
When divorce proceedings begin, it is not uncommon for people to try and hide assets that they might not want their spouse to take any share of in the divorce. This can be hugely damaging and
expensive in the long run. If you are contemplating not disclosing a given asset, or lying about the
value or estimated value of an asset, you could find yourself back in court in the future, with your
settlement agreement being further changed, and not in your favour.
How to avoid this mistake: The key when it comes to compiling a list of all of your assets for the
divorce, is to be 100% honest about everything. This does not necessarily mean that your spouse
will take 50% of everything, and there are often times when a divorce settlement allows one
spouse to keep all of a given asset.
9. Posting about your divorce on social media-
One of the biggest mistakes that our divorce solicitors in Preston see on a regular basis, is clients choosing to post information about their partner, or about the divorce, on social media. Our team are fully aware that you may choose to vent on your social media accounts about what is going on in your personal life, but try to avoid this when it comes to your divorce and your feelings toward your spouse in general.
How to avoid this mistake: Always refrain from discussing your divorce, or your spouse, on social media whatsoever, if possible. If you wouldn’t openly say something to a judge, don’t post it on social media. Anything that you do post can be used against you in your divorce proceedings.
10. Taking advice from family or friends-
Your family and friends no doubt have your best interests at heart, and some might even have been through divorce situations similar to yours in the past. However, this does not make them qualified to offer you legal advice of any kind as to how you should navigate through the divorce process. Every situation is entirely unique, and what worked out well for them in the end, might not be the best option for you.
How to avoid this mistake: Our divorce solicitors in Preston would suggest that you should seek legal help from a specialist, fully-qualified solicitor only. This is the best way to ensure the best outcome possible for you in your divorce, and prevent mistakes being made that could cause unnecessary delays in the process.
Specialist divorce solicitors in Preston:
If you are looking for expert legal assistance or legal representation in your divorce proceedings, look no further than MG Legal’s divorce solicitors in Preston. Our team is headed by Sara Williams, an experienced family lawyer with over 18 years of experience in divorce proceedings.