Divorce can be an overwhelming and emotional process. For many, it’s their first and only experience with such a significant life change. As couples navigate their feelings and decisions, mistakes and oversights are common. Drawing on years of experience guiding individuals through divorce, the Lamb Brooks Divorce Solicitors shares insights on frequent pitfalls to avoid during this challenging time.
10 Common Divorce Mistakes
1. Failing to Sever Financial Ties
One key misconception is that once the divorce decree is finalised, you are automatically free from financial obligations to your ex-spouse. However, after your separation, it is essential to apply for a financial order to sever any remaining ties. Missing this crucial step could leave you vulnerable to future financial claims, especially if circumstances change for either party.2. Overlooking Pensions
Apart from property, pensions often represent the next largest asset for couples. It’s critical to give careful consideration to these investments, as there may be imbalances that need addressing. Be sure to discuss pension sharing options with your solicitor, as not addressing pensions can impact your financial security in retirement. Where there are particularly valuable pensions, it may be prudent to also get the input of a pension expert on the available options.
3. Taking Advice from Friends/Family/Internet/That Bloke Down The Pub
Every divorce is unique, and solutions that worked for others may not apply to your situation. While support from friends and family can be invaluable, be cautious of their advice, which may be outdated or biased due to their personal experiences. Always consult a legal professional for current and tailored guidance.4. Going Straight to Court
Many individuals believe that court is the only resolution to their disputes. However, going to court is generally the exception nowadays and alternatives such as mediation or collaborative practice can provide more amicable, less stressful, and often more cost-effective outcomes. These options can be especially beneficial when children are involved, fostering a healthier co-parenting relationship.5. Trying to Navigate the Process Alone
Divorce can be intricate and emotionally taxing. It’s important to seek support from professionals as well as friends and family. Some may believe they can save on legal fees by representing themselves, but this can lead to unfavourable outcomes. Professional legal representation ensures your interests are protected throughout the process.
6. Involving Children in Disputes
Protecting children’s emotional well-being is paramount during a divorce. It’s vital to shield them from adult conflicts and avoid making them feel they need to choose sides. Tailoring your communication to their age and needs can help mitigate confusion and emotional distress.
7. Neglecting Your Mental Health
The emotional toll of divorce can manifest in various physical and mental health challenges. Prioritizing self-care is crucial; maintain a healthy diet, exercise regularly, and seek support if you find yourself struggling to cope. Taking care of your mental health will assist you in processing your emotions and negotiating more effectively.
8. Neglecting Financial Planning
Understanding your financial position during a divorce is essential. Knowing your obligations and creating a realistic budget for your post-divorce life can help you avoid future pitfalls. After finalising your divorce, consider seeking financial advice to set a solid foundation for your new start.
9. Assuming How Your Spouse Will React
Many individuals come into the divorce process with preconceived notions about their spouse’s behaviour and reactions. However, people can surprise you; sometimes, they may become more cooperative than expected. It’s crucial not to assume the worst and to remain open to negotiation and compromise.
10. Moving On Too Soon Without Protection
While it is positive to find new relationships post-divorce, it’s essential to ensure your previous divorce is fully resolved. Having a financial order or clean break order in place before entering into new commitments protects you and your future. Additionally, consider updating your will and discussing cohabitation or prenuptial agreements to safeguard your future interests.
Divorce Advice From Trusted Solicitors
If you are thinking about divorce or are ready to start proceedings, then please get in touch to book an initial appointment with one of our Family Law Solicitors.
We can also help if you are already divorced but looking to take care of other matters such as a financial order, pre-nuptial agreement, cohabitation agreement, transferring equity, selling your marital home, buying a new house, or making a will.
Please call us on 01256 844888 or email enquiries@lambbrooks.com for some expert advice and peace of mind.