For a once happy couple, there is nothing harder than going through a divorce. However, it is important to think practically when you are faced with the possibility of your marriage breaking down. This helps to ease the process and maintain good relations between parties.
Below are a few things couples should think about doing when divorce seems like a real possibility.
- Reconciliation – think about whether your marriage has really come to an end. If you wish to reconcile your marriage think about attending couple’s counselling, therapy to resolve your issues.
- Sharing the news – when sharing the news with friends, family and particularly children, it is important to be sensitive. As far as possible, you should try to assure any children involved that the breakdown of marriage will not disrupt their lives/lifestyle and most importantly, their relationship with the other parent.
- Child arrangement – you should look to agree on arrangements which will allow both parents to be involved in the children’s lives. Although divorce is hard, the welfare of any children involved remains the most important factor and mutual agreement should be sought prior to issuing any court proceedings.
- Finances – prior to divorce, couples often live as a family unit and share financial responsibility. It is therefore important to reach an agreement as to who bears the financial responsibility for obligations such as mortgages and loans.
- Co-habitation – if you are sure that your marriage has come to an end and you no longer wish to live with your spouse, it is important that you take steps to separate. If you continue to cohabit with your spouse for any period beyond 6 months after your marriage has come to an end, it may be harder (although not impossible) for you get divorced.
- Bank account – separate any joint bank account you may have or open a separate account. This will allow you to manage your own finances freely.
- Passwords – change your password to maintain your privacy.
- Post – if you are moving out, redirect your post to your new address.
- Welfare benefits – the breakdown of a marriage can cut your finances in half. Consult your local authority to see if you are eligible for any additional support.
- Interim relief – if you are not eligible for welfare benefits but require urgent financial support, you may be able to apply for maintenance until your decree absolute is pronounced.
- Amend your will – if you have a will naming your spouse as a beneficiary, it may become necessary to amend it. A will made before marriage is not rendered invalid by divorce. The effect of divorce is to treat a named spouse as if they have died at the date of divorce. Any gift left to the spouse will then pass to the next named beneficiary. If there are no other named beneficiaries, your assets may pass in accordance with intestacy rules. If you wish you avoid this, you should think about amending your will.
- Inform the authorities – if you or your spouse are in the UK as a dependent spouse, it will be necessary to inform the UKVI/Home Office of the change in circumstances. You may also need to reassess your basis of remaining in the UK.
We have expert Family law and Immigration solicitors who can help you through your divorce procedure and related issues such as financial relief, child arrangement and immigration advice.
