5 Common Mistakes When Seeking a Divorce

Leeds Day

5 common mistakes when seeking a divorce

Without stating the obvious, divorce can be an overwhelming process. Most people get divorced once in their life, and so are usually going through the experience for the first time. As with anything new, it can feel confusing, like you’re navigating unknown pitfalls and unsure how to avoid mistakes. Here are just 5 examples of where mistakes are often made, so you can avoid them.

1. Not getting a financial order

Many people choose to deal with the divorce proceedings themselves. However, there is often the misconception that your decree absolute also severs your financial ties. It does not! If you have a reached an agreement relating to the financial aspects of your relationship, or even where there are no finances to divide, you need a financial order to provide you with a clean break and prevent future financial claims being made. Financial orders can be technical, and you need to get it right. A solicitor who specialises in this area of law can provide that advice and draft the document.

2. Re-marrying before the finances have been resolved

New relationships can complicate ongoing divorce proceedings. If you re-marry without a financial order, then you may lose your right to apply for one. This means that you cannot rely on the Matrimonial Causes Act 1973 and the fairness that this act looks to achieve. Instead, any applications would need to be made under the ‘Trusts of Land and Appointment of Trustees Act 1996’, which is much stricter and gives the courts far less discretion. Randomly, pension claims can still be made after re-marriage.

3. Discussing the divorce, or your ex-partner with the children

Whilst your relationship may have ended, you will both remain the childrens’ parents. Children don’t have the emotional maturity to deal with these complex adult problems and they shouldn’t have to. It is not uncommon for a parent to say that they think it is important that the children know “the truth” about the other parent. This can be deeply damaging and may even backfire.

4. Taking legal advice on your separation from family or friends

Whilst your friends and family have good intentions and may have been through a divorce themselves, they were not married to your expartner, and they are not going through your divorce. The people who care for you are on your side and should be there to provide you with emotional support but the only person you should be taking legal advice from is a qualified solicitor.

5. Doing everything yourself

Getting divorced is a complex and technical process. At the very least you should ensure that you seek legal advice at the very start, so that you are clear on your options and expectations and before reaching any agreement and/or signing any documentation.

If you are going through or thinking about separating, then the family team at Leeds Day LLP are here to help. To find out more, contact the team on 01480 474661, email: family@leedsday.co.uk or visit our website: www.leedsday.co.uk/family.

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