Amid the stress and emotion that accompanies a couple’s decision to separate, divorcing spouses and civil partners must also turn their attention to how they plan to handle post-divorce legal considerations. The more attention they focus on sorting out legal issues after divorce, the cleaner the break can often turn out to be. Often, if matters can be settled quickly, perhaps after taking UK divorce legal advice, parting couples can avoid a lengthy and distressing experience in court.
Your solicitor should be able to help you decide how you wish to proceed when it comes to the post-divorce legal considerations that affect you and your partner and wider family. For example, if children are involved, settling child residency and maintenance issues should be paramount. Other key issues to settle quickly include division of property, investments and other assets from the marriage or civil partnership. Then, there could be jointly-owned businesses, care of pets and other dependents and updating of legal documents, such as Wills, trusts and power of attorney.
Division of property
Property, including houses, vehicles, furniture and fittings etc. that was purchased or acquired by either partner separately or jointly during the union is formally considered matrimonial property and is part of the decision-making process around how to split assets between both parties. A home bought before the marriage or partnership that was intended to be a family residence can also fall under this description. Pre-marriage inheritances, money or gifts from a third party are not normally included, however, so long as it is not later used to obtain joint property or invest in shares during the union.
Child residence arrangements
Making arrangements for where your child or children live and are brought up after a split is one of the most important legal issues after divorce to resolve – a top priority for their wellbeing and future stability. The ideal situation is for this to be decided within the family unit, or during one or more mediation sessions without the case having to be settled in court. If matters cannot be resolved in this way, the court will step in to decide a child residency order. This takes into account the living situations of both parties and, if the child is old enough, their wishes and opinions on what they would like to do. The order will also usually cover things like schooling, healthcare and religion.
Spousal support
Spousal support is another key area requiring specialist UK divorce legal advice. It takes the form of a regular payment made by one former spouse or partner to the other after a formal separation. It is usually awarded when one party is unable to support themselves without such assistance, for whatever reason. The amount is carefully calculated, based on how much money each party needs to live on, what income they are currently generating, and the potential to start, or carry on earning money in the future. Spousal payments can continue indefinitely, or end when one partner remarries or dies.
Pension settlements
Pensions are normally considered a matrimonial asset when it comes to post-divorce legal considerations. However, there are some circumstances in which they can be excluded from any final financial divisions. These include a divorce happening after a very short union, financially insignificant amounts saved in a pension pot and when a pension was either set up before the marriage or after the separation has taken place. Sharing a pension pot is one way in which a parting couple can resolve financial settlement discussions quickly. The amounts are calculated by working out how much the pension is worth, and what each partner is entitled to receive as a lump sum. Then, they each take their share and walk away with no further joint ties to the pension in question.
Legal documents
The end of a marriage or civil partnership can also affect other legal matters, including various important pieces of paperwork. Wills and letters of wishes should be updated straight away to ensure your estate is passed on exactly as you would wish after you die. If you have not made a Will at all, now is the time to do so. It is also important to update any other paperwork pertaining to end of life or ill health, such as power of attorney. Then, there is business paperwork to update if a partner leaves a company’s board of directors or steps down from jointly managing a trust. Your family solicitor will be able to help you identify the legal documents you need to change, renew or dissolve following divorce.