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Focus Article - Divorce
Wednesday 17th December 2008
 

The winter has set in and the full effects of the credit crunch are being felt. It is often in these circumstances that marriages feel the strain. If you feel your marriage is in difficulty it helps to have an overview of the process that you can find yourself in if you do decide to divorce.

A divorce itself is not a complicated procedure. It begins with a document called a petition being lodged by either husband or wife. A petition can be based on a period of separation, adultery or unreasonable behaviour to show the court that the marriage has broken down. The procedure ends by way of a decree absolute which dissolves the marriage. The divorce need not take more than six months to conclude but it is usual to delay the conclusion of divorce proceedings until the financial settlement is finalised.

The financial settlement is usually negotiated between solicitors acting for the husband and wife without a full hearing by a Judge. Increasingly couples are choosing to go to mediation or engage in a collaborative law process both of which involve face to face meetings and are designed to reduce acrimony. If you do have to issue contested court proceedings you will still be able to negotiate all the way. Whatever method is chosen each party must disclose their financial position to the other party by listing everything they own or owe. When a full financial picture is known to both parties there are a number of orders that can be made to re-distribute assets and income between the husband and wife.

When deciding what assets to take in a recession it is important to bear in mind that assets such as shares and business interests will be low in value now but will rise in the future and you would not want to miss out on the gain. A practical difficulty in recession is likely to be the time it takes to find a buyer for the family home at a time when both parties are keen to move on with their lives.

If you are worrying about a divorce it is advisable to make an appointment with a solicitor as soon as possible so that they can discuss with you the likely settlement in your case and the mechanics of getting there. There is no obligation for you to take any action at your first meeting. You need to find a solicitor that is a family law specialist and has the right level of experience for your particular case. You also need to find someone who listens to you and whom you have confidence in. Family lawyers are used to dealing with worried clients. Who knows? - they may be able to put your mind at rest. You can find a family lawyer by contacting Resolution, the organisation of family law specialists or by contacting the Law Society.


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