How incredibly sad? There is actually a D DAY where family law firms and lawyers see a SPIKE in people inquiring about divorce and that day is the first day back to work after new years.
More than any other day, there is a 30% spike in inquiries on this day. Here are the 10 classic mistakes to avoid as written by lawyer Marilyn Stowe on her awesome blog. Let’s take note of what a top lawyer thinks about divorce before you get yourself into muddy water.
1. Giving up at the first sign of trouble
The grass elsewhere is not always as green as it may seem. Studies show that subsequent marriages are just as likely – more likely, in fact – to founder. If you are both committed to fighting for your marriage, can it be rescued?
2. Refusing help
If your partner insists the relationship has broken down and will not budge, pretending it isn't happening or refusing to accept the decision is not going to help. You will only make the process more painful, stressful and expensive in the long run. I have known people to continue to harbor vain hopes of reconciliation, even to the point of ignoring the pile of solicitors’ letters building up beneath the letterbox. This approach, while understandable from an emotional point of view, can take its toll on your finances and on your health. I often recommend professional counselling to clients: I have observed that when clients have been to counselors, the results are often swift and truly amazing. Don’t sit there worrying.
3. Thinking that when it comes to family law, you know it all
The truth is that unless you are a trained family lawyer, you don’t. You wouldn't pull your own teeth out, would you? Or conduct an appendectomy on yourself? Following the disappearance of much family law legal aid, we are seeing increasing numbers of people representing themselves in court, for financial reasons.
However there have always been those who have represented themselves out of choice. Why they think they can provide their own, sound legal counsel, I do not know. The legal issues can be complex. A divorce will affect your life, and your children’s lives, for years to come.
‘Proof is always in writing. Even in amicable cases, don’t rely on something agreed verbally. Your spouse may promise one thing but, unless it is clarified in an official settlement, it won’t hold up in court’
4. Thinking that legal aid is available
In most cases, it isn't. New legislation, which came into force in April 2013, removed certain areas of law from public funding. Family law legal aid has now been limited to very few cases which involve domestic abuse. It is still available for mediation.
5. Panicking about legal fees
Instruct a solicitor in whom you have confidence, who can give you a guide from the first appointment as to what to expect and why, and reach an agreement as to how much you will be charged and how the fees are going to be paid.
6. Throwing money away
Always be pragmatic. Be ready to negotiate and to settle. On the other hand, if the other side isn't playing ball and is intent on racking up costs, let the court take control and move to a hearing as fast as you can.
7. Withholding information
Don’t be tempted to conceal little details or keep things to yourself. Instead, be honest and upfront with your solicitor. Keeping things hidden can be a way of trying to retain control of the situation, but by trying to pull the wool over your lawyer’s eyes you are potentially putting yourself at a disadvantage. In order to do their job properly, your solicitor needs to know the truth.
8. Hiding money. Don’t even think about it
Forensic accountants who specialize in tracking down secret bank accounts and other assets are becoming more and more commonly involved in divorce cases. At our firm, for example, we have an in-house forensic accountancy team. Even if evidence of hidden finances are found after a divorce is finalized, an existing court order can be overturned retrospectively and the guilty party may be landed with a hefty bill.
9. Thinking verbal agreements count
Proof is always in writing. Even in amicable cases, don’t rely on something agreed verbally. Your spouse may promise one thing but, unless it is clarified in an official settlement, it won’t hold up in court. Remember, matters can easily turn nasty. This isn't just about how the wedding presents are divided. It is your future life and can affect how pensions are shared or who gets the children over the Christmas holidays.
10. Settling your finances before you are ready
Timing is essential. Settle too early before all the assets have been fully investigated, and you may settle for too little. Settle too late and circumstances may have altered irrevocably. An economic recession or upturn can have major effects upon a case. And don’t settle because of financial pressure. Your lawyer can advise you through it all.
Wishing you all the best till next time!
Thanks for writing such a useful post! I'd like to add that the emotional component of the process is also extremely important! Painful emotions can be so overwhelming, even when it is not a surprise, that a person may lose track of what’s really matters. Moreover, being on the witness stand can be a scary experience.
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