insideKENT Magazine Issue 95 - February 2020 | Page 153

LAW
Preparing for Divorce
by Dawn Harrison, Director at Whitehead Monckton
DIVORCE IS CONSIDERED TO BE ONE OF THE MORE STRESSFUL EVENTS
THAT MIGHT ARISE IN A PERSON’S LIFETIME. IF YOU ARE ABLE TO FIND
THE RIGHT HELP, THIS SHOULD MAKE THE DIVORCE LESS STRESSFUL.
MORE OFTEN THAN NOT THE DIVORCE IS UNDEFENDED AND DOES NOT
PRESENT TOO MUCH OF A CHALLENGE. OTHERS ARRANGEMENTS
CONCERNING CHILDREN, PROPERTY AND MONEY CAN PROVE MORE
DIFFICULT SO PREPARING WELL FOR THESE WILL BE WORTH IT.
What help might you need?
1 Time 3 Financial advice 4 Emotional support
You will need to allow time to get help
and advice and take care to read and
understand information obtained. A divorcing couple should fully disclose
to each other all financial resources
that are available. There will be costs
involved in obtaining all necessary
details to take advice and appropriate
actions such as how to deal with joint
property (can it be sold to buy two
replacement homes?), planning how
to meet expenses that whilst together
have been shared, and sharing
pensions if necessary to provide for a
future for both parties following
separation, to name a few. Your
lawyer may recommend you also
secure tax advice from an accountant,
regulated investment advice from an
independent financial adviser, and/or
specialist pension guidance, because
making important decisions
concerning distribution of marital
resources can have complex
considerations. The day to day support of family or friends may not be suitable to meet the needs
that flow from the stress of a divorce. It is important that help is personal to the
individual, not what other people close to you choose to recommend. Finding
therapeutic support from a counsellor or coach can really help a person manage
their feelings, so they are better prepared to cope in a positive way and face the
challenges of the divorce with associated financial and other considerations.
2 Legal advice
A lawyer will explain the law and
steps to be taken to be divorced on
the ground of irretrievable breakdown
of the marriage using one of five
factors: adultery; behaviour; desertion;
separation with consent (2 years);
or 5 years separation. They can
also acquaint you with the law as it
relates to children and financial and
property claims. In addition to advice,
they should inform you of the
different ways that solutions can be
found – be sure to consider the options
carefully – making a poor choice can
cost you more.
5 Paperwork
Documents that prove the status of the financial resources of the marriage need
to be in good order. If they are not, make sure they can be accessible and
organised whilst keeping them secure and confidential. If paperwork is not your
strong suit, then you may have to rely on someone who can show you how to
become more organised and/or devote more time to the task because significant
reliance is placed on documents in legal matters.
For many people divorce happens to them so if they are not prepared for it this
can lead to it being more stressful. There are an increasing numbers of people
who are planning ahead, some even before they marry. This style of planning
can be as a result of attending a marriage preparation course or entering into a
prenuptial agreement.
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