Things to Consider When Settling for Divorce

Considering Divorce?

There are many things to consider when settling for divorce. It’s not as straight forward as some people think. Every divorce has different circumstances, so should not be compared. Courts will consider the following regarding the divorce settlement:

  • The financial needs, obligations and responsibilities that each of the parties to the marriage have or will have in the foreseeable future.
  • The standard of living before the marriage broke down.
  • The age of each of the parties to the marriage and the length of the marriage.
  • Physical or mental health disabilities.
  • Contributions made, or likely to be made in the future, by either party for looking after the family home or caring for the family.

Divorce Negotiator always inform you of what is taken into account in court.  At Divorce Negotiator, we keep you as informed as possible regarding your personal situation so you can make the best choices for you and your family.

Consideration for children

The welfare of children is a key considerations of the court. Examples of what the court will consider regarding children are:

  • Whether both parties are the biological parents
  • Financial needs of the children
  • Income / earning capacity, property and any other financial resources of the children
  • Physical / mental disability of the children
  • Other provider for the child

When deciding that divorce is the best option, people immediately think they need to find legal representation that will fight for every penny.  This is not always in the best interests of you, your children or surrounding family.  At ‘Divorce Negotiator’ we aim for an amicable divorce, providing facts on the law to gain the best possible outcome for all parties involved.

Fact – Children grow up to be more grounded adults if their parents don’t involve them in the divorce and can communicate amicably.

If one party is not the biological parent of the children, the courts look at their relationship with the children as well as family life. Examples of what the courts will consider are below:

  • Whether either party assumed any responsibility for the children’s maintenance, and if so, to what extent and what length of time.
  • If either party assumed any responsibility knowing they were not the biological parent.
  • Whether either party discharged any responsibility after becoming aware they were not the biological parent having believed they were.
  • Other parties outside of the marriage that are liable/responsible for the children.

Things can get difficult when children are involved in divorce. At ‘Divorce Negotiator’ we will provide all the options to help you decide the best way forward.  We will be honest and provide factual legal advice regarding your rights. This will allow you to make informed decisions to work towards an amicable settlement and relationship following divorce.

Considering Pensions

Pensions are a major concern in divorce. There is often worry over how pensions will be divided. Should they be included or excluded from the asset list? People believe they are entitled to half of everything including the pension if they have been married. This is not the case.

 Pensions are considered to be the largest asset after the matrimonial home.  Normally, it would be one party that has a greater pension due to the other party not earning as much. This may be due to giving up work to look after the children and family home.  The courts are looking to approve your arrangement. The courts ensure that any asset division is fair to both parties especially when children are involved. 

Your arrangement should comply with the principles laid down by parliament and case law.  Pensions a value like the other matrimonial assets (such as property, savings etc).  You will need to request the ‘cash equivalent transfer value’ from the pension company to get a value of the pension.

For further advice, contact Divorce Negotiator on 0800 177 7702

Things to Consider When Settling for Divorce was last modified: August 11th, 2020 by John Fuller

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