Divorce

What is divorce?

Divorce is the ugly word that can traumatise so many lives in the UK. A costly process, both emotionally and financially, this should be the last course of action for an estranged couple. However, the reality is that approaching 1 in 2 marriages are doomed to failure, meaning that advice is required on the divorce or separation procedure.

The parties entering into the process can occasionally underestimate the effects of what a divorce will have on their lives. If the relationship has remained amicable and they are able to come to an out-of-court arrangement, then no further action need be taken. However, if there is a source of disagreement, then a court or judge may be instructed to award certain privileges to either party. This can include division of property, sale of major assets or dividing up remaining debt. This can often become a torturous process and is why divorce is listed as one of the most stressful experiences that a human can undergo.

Divorce Procedure

In the UK divorce is serious business and you will need to find yourself a solicitor as soon as possible. There is no substitute for the experience, help and moral support that these seasoned professionals can offer you in this difficult time. They can then gather information from you regarding which assets or requirements are key to you during the forthcoming process.

The first step in the divorce procedure is for one of the two parties to file a divorce petitioner. This is a document that details who you are looking to separate from and on what grounds you are doing so. This is always a tricky scenario, as no one wants to be served with a divorce petitioner and can often motivate the recipient to act out of anger or revenge in the following months.

Alternatively, this can be a very refrained affair, with both parties agreeing to cover the cost of the divorce and settling personal disputes out of the courtroom.In the majority of cases a dispute will arise to the demands of the individual who has filed for the divorce. This can be any number of conditions such as, custody of the children, costs of the divorce, division of property or resolving financial issues (debt). At this point, assuming the disagreement cannot be resolved, they will ask a judge to settle their differences for them.If this situation arises during a divorce procedure, it is imperative that the persons involved acquire a solicitor. These are trained professionals who are experts in dealing with family law.

Effects on the family

The unparalleled impact that a divorce is likely to have is the separation of a family. Overnight, children used to a two parents under the same roof are stripped of that privilege. This can be hugely traumatising, especially if the kids in question are at an important juncture in their lives. The other effect on the family is financial. All assets and debts will have to be divided up, usually resulting in either the sale of the family home, or a major shift in lifestyle.

Divorce’s effects on a family are not just confined to the home. The split will act as a huge event in any child’s life and will provoke a number of unwelcome consequences. Recent research has shown that children from separated families are more likely to, suffer from behavioural problems, fall behind at school and become involved in unfavourable practices. These emotions can also effect the victims in later life too, with adults from a divorced background more likely to be subject to poverty and experience depression.

Division of property

In many cases children will not be involved in the Divorce, which is to the benefit of both parties as if there are children then things can get a lot more complicated. The only things that then are left to be divided are material (unless you have pets of course). Believe us when we say that if at all possible, then this should aim to be settled outside the courtroom. Solicitors cost an absolute fortune and can cripple both parties when all there is at stake is pride. In this process there has to be room for negotiation and nothing is ever settled without compromise from both husband and wife. However if you do feel like you are being unfairly cheated and stand to lose a lot of money or valuable possessions then you may be forced to seek legal advice.  See the article about the distribution of family assets after divorce.

The last thing to mention, is that for anyone seeking a permanent separation from their spouse, be sure that divorce is the only option available left to you. Take time to consider whether or not there are any steps you can take either individually or as a couple to repair the damage caused.