How to Secure a Financially Sound Divorce
In fact, today attorneys are steering women towards divorce in order to make a profit themselves. It seems like an ugly money-driven world where money triumphs over love and commitment.
There is ample evidence that divorced women are richer than their married sisters.
Top divorce lawyers say that there are two reasons for this shift in the fortunes of divorced women: they are getting a bigger portion of their husband’s current and future earnings. Courts are automatically dividing property 50-50. Secondly, women?s improved status in the workplace means that they are free to work hard and prosper.
What?s more, in 2000, the courts were given the ability to order the sharing of pensions. It was hoped that this would decrease the number of women who experience post-divorce poverty.
But what if your husband is not rich and neither are you? For many couples today, there is just not enough money. Therefore, it is better to be prepared beforehand for the possibility of a divorce, as one in three marriages in the UK ends on the rocks.
Find out what your rights are so that you can make smart decisions when it comes to a divorce settlement. It is better to hire a solicitor if there are any major assets or debts in the picture.
Beware of being tempted to take revenge on your partner if he has been adulterous. Revenge will brew revenge. Keep a cool head and don?t allow emotions to get in the way. If you fail, only your lawyer will benefit and legal costs will erode your marital assets. A solicitor can help you look at things objectively.
You may not know this, but all debts incurred during marriage are seen as the responsibility of both spouses, and even after you divorce, you may have creditors at your door, asking you to clear the debts incurred by your ex because he has failed to pay them!
How the Courts Decide
Many people don?t think it fair, but the courts can, and often do divide the matrimonial assets as they see fit. This means that whether it is your property or his, the court can decide on ownership. This process of deciding who gets what is referred to as ?ancillary relief?. Basically, the courts will divide the property according to their perception of the financial needs of the parties (including those of children, if any). The court?s first priority is the welfare of the children.
As far as child maintenance is concerned, the court will usually not issue an order since it is the Child Support Agency which deals with this matter.
Be honest in your dealings with the court when you declare your assets and earnings, or the court might slap you with a costs order for wasting its time, and you might lose the court?s favour.
If you feel a divorce is in the air, get your legal advisor and apply to the courts for ancillary relief. If you re-marry without making this application, you will have to forgo any financial benefits from your ex.
Settling Outside Court
You will not need to appeal for ancillary relief if you and your spouse can settle the matter with the help of a mediator. A financial settlement can happen at any time during divorce proceedings. In fact, legal advisors and courts will suggest that you consult a mediator.
Once you reach an agreement, your legal advisor will present a ?Consent Order? to the court that will set out the agreement terms, after which it will be converted by the judge into a court order. The Consent Order or your appeal for ancillary relief will ensure that there are no further demands from either you or your spouse.
So, save yourself time, effort, unpleasantness, and money by settling outside court. If you go the way of the courts, you may have to wait an entire year for a ?final hearing?.
Invest in Property
A growing number of women are investing in property instead of relying on pensions for their post-retirement income. This is because women?s pensions are still lower than men?s.
Women are more likely to take a break from their careers to look after children or elderly relatives and this makes their contributions smaller.
Investing in property is a smart move. It is tax-efficient, and allows for greater flexibility than a pension since it has nothing to do with working patterns or earnings.
More power to you!
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James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see www.managed-divorce.co.uk

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