8 mistakes to avoid when divorcing over 40

With this age-related spike in mind, Lund Bennett – experts in family law, established in 2012 and based in Altrincham and Manchester –are on hand to support you. The firm provides unrivalled knowledge coupled with a compassionate and highly empathetic approach. Here, partner Kirsten Bennett offers insider advice on the most common post-40 divorce pitfalls and how to avoid them...

Waiting until after the holidays

Divorce lawyers often see an increase in clients before, during and after Christmas. Spend the festive season (or even summer holidays) fighting and you may destroy any chances of an amicable split and wind up hashing out your differences in court.

Not getting a financial order

A financial order is a court order that sets out a couple’s finances and legally binds how they will be divided when they get divorced. Divorce finances are dealt with separately to the divorce itself, so not having one means your ex-spouse is free to make a financial claim years later.

In the infamous case of Wyatt v Vince (2015), an ex-spouse successfully made a financial claim 23 years after the divorce.

Remarrying before getting your finances in order

Remarry without a financial order and you may lose your right to apply for one.

This is often referred to as the ‘remarriage trap’. This could leave you unable to make a claim on assets, such as spousal maintenance, property adjustment orders or cash lump sums, that you may have been entitled to from your ex-partner. Making a financial settlement and waiting for assets to be transferred before saying ‘I do’ again is imperative.

Not updating your will

Starting the divorce process does not automatically revoke a will. If you want to prevent your soon-to-be-ex-spouse from receiving the monies and privileges granted to them in your will, you need to update it! You can do this at any time, but if you die before you’re granted a divorce and you have left your spouse nothing, he/she can make a claim against your estate.

Settling too early

Don’t forfeit financial security for wanting to leave the marriage as soon as possible. Getting the settlement right is crucial. Make copies of your important financial documents; It will make you aware of what you own and even what you owe. Make sure that you and the children continue to have health insurance during and after the divorce proceedings. While you are still married to your spouse, an illness or accident can change how property is divided.

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Being Careful With Joint Accounts

If you’re still using a joint bank account or credit card, make sure that all expenditure is documented.

Use joint funds extravagantly for your own personal use and you may find that you lose credibility in court and the divorce process is prolonged.

Letting matters drag on

A common and costly mistake. Stay in control by agreeing timeframes; it takes, on average, a minimum 7 months for a divorce or dissolution to be finalised through the courts.

There are lots of ways to keep time to a minimum, everything from agreeing a parenting plan (if you have children) to completing forms carefully – errors cost time and money!

Getting personal in social posts or texts

In divorce cases, solicitors often delve into social media to find evidence. Yes, it’s tempting to vent in the social sphere or express anger via text, but imagine those words being read out by a judge in court before hitting share or send.

If you are the recipient of such posts/ communications, do not respond.

To ensure you avoid common divorce mistakes and that all bases are comprehensively covered (and legally binding), reach out to Lund Bennett.

By Lisa Symonds