Sussex


<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/1-3.jpg" alt="legal divorce advice" class="wp-image-67350" srcset="https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/1-3.jpg 1500w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/1-3-800x533.jpg 800w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/1-3-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/1-3-768x512.jpg 768w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/1-3-788x525.jpg 788w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<p>It’s the place no one wants to end up, and when you’re facing divorce it can be impossible to know where to start and what to do next. Can you keep things amicable or is it inevitable it’ll become acrimonious? Is there a way you can stop the legal bills from sky rocketing? And how can you avoid being blindsided by your estranged spouse?&nbsp;</p>



<p>To take you through all of those questions and help you navigate this new chapter and prevent financial heartache, lawyer&nbsp;<a href="https://www.knightsplc.com/company/our-professionals/lucy-naish/">Lucy Naish</a> from Knights’ Brighton office answers the key questions on how you can legally arm and empower yourself through divorce.</p>



<h3 class="wp-block-heading" id="h-what-do-your-clients-say-is-the-predominant-reason-for-their-marriage-ending">What do your clients say is the predominant reason for their marriage ending? </h3>



<p>Of course every marriage and separation, is different but one of the predominant reasons I have seen is centred around conflict, communication breakdown and not supporting each other.</p>



<h3 class="wp-block-heading" id="h-after-deciding-to-split-why-do-so-many-people-delay-and-put-off-actually-dealing-with-the-legal-side">After deciding to split, why do so many people delay and put off actually dealing with the legal side? </h3>



<p>Going through a separation is incredibly difficult and is a big life-changing event. There are so many emotions going on – anger, sadness, confusion, regret, anxiety as well as many others. It is challenging to start the divorce process and think about what a financial settlement may look like when all this is going on, where you are going to live and how you are going to afford it. Delaying applying for divorce can result in a delay in a financial remedy order being made if the conditional order has not yet been pronounced. Your spouse may also try and hide or dissipate assets in the intervening period, there can be potential tax implications, asset values can change, and it means that you can’t fully move on with your new life post-separation. </p>



<h3 class="wp-block-heading" id="h-january-is-the-busiest-time-for-divorce-lawyers-is-it-better-to-hold-off">January is the busiest time for divorce lawyers, is it better to hold off?</h3>



<p>If you are absolutely clear that you want to divorce, you can proceed with a divorce application straight away, although you may wish to seek legal advice on this first to ensure that you fully understand the process. Dealing with the finances on divorce is separate and early advice on this is recommended to ensure you are aware of your legal rights, responsibilities and options going forward to avoid potential issues further down the line. </p>



<h3 class="wp-block-heading" id="h-is-there-ever-a-way-to-gracefully-divorce-how-can-this-be-achieved">Is there ever a way to gracefully divorce, how can this be achieved? </h3>



<p>If you and your spouse are able to remain amicable, keep the lines of communication open, stay positive and co-operate, not looking to blame one and other, this can greatly help.   </p>



<h3 class="wp-block-heading" id="h-what-s-the-absolute-first-thing-someone-should-do-when-they-or-their-partner-decide-the-marriage-is-over">What’s the absolute first thing someone should do when they or their partner decide the marriage is over? </h3>



<p>Take some time to process it. It is a big decision. Having a good support network around you will help and then getting some legal advice early on as to your options and what your rights are will be beneficial. </p>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/2-3.jpg" alt="legal divorce advice" class="wp-image-67351" srcset="https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/2-3.jpg 1500w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/2-3-800x533.jpg 800w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/2-3-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/2-3-768x512.jpg 768w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/2-3-788x525.jpg 788w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<h3 class="wp-block-heading" id="h-what-s-the-most-common-misconception-people-have-about-the-divorce-process">What’s the most common misconception people have about the divorce process?</h3>



<p>One of the common misconceptions I have seen is that divorcing couples don’t need to resolve their finances, they can just get the piece of paper which confirms they are no longer legally married and then go their separate ways. However, unless they obtain a sealed court financial order, either of them could make a future claim against each other’s assets, even years after their divorce. </p>



<h3 class="wp-block-heading" id="h-what-s-the-one-thing-you-wish-people-would-do-when-getting-divorced">What’s the one thing you wish people would do when getting divorced?</h3>



<p>Try not to get caught up in arguing over trivial things and ones that are not going to help you both move on. This can lead to greater costs and animosity. Going through a divorce is an emotional rollercoaster and sometimes those feelings of anger and bitterness (whilst rightly being acknowledged) can result in spouses trying to “get back at one another” rather than focussing on what their new lives might look like and what a fair outcome may be. </p>



<h3 class="wp-block-heading" id="h-how-should-you-of-about-finding-the-right-legal-representation">How should you of about finding the right legal representation?</h3>



<p>You can seek referrals from friends, family, other professionals that you work with such as accountants or financial advisors. Do your research and arrange initial calls to get a feel. As well as experience, often it comes down to a personality fit and it is important that you feel comfortable with whom you instruct. Ask about how they run their cases, do they work as part of a team and do they offer alternative methods to litigation. You can also look for a family solicitor who is a Resolution member. Here at Knights we are committed to working with families and individuals to resolve issues in a constructive way, using a non-confrontational approach. </p>



<h3 class="wp-block-heading" id="h-does-it-matter-who-files-first-in-terms-of-your-rights-children-etc">Does it matter who files first? In terms of your rights, children etc? </h3>



<p>It makes no difference to the finances or child arrangements who files for divorce first. In fact, a joint application for divorce can now be made. You may feel more “in control” if you file first as all the other spouse, as the Respondent, needs to do is to acknowledge the application. You can agree to share the divorce application fee equally. </p>



<h3 class="wp-block-heading" id="h-should-you-change-your-will-savings-pension-etc-immediately">Should you change your will, savings, pension etc immediately? </h3>



<p>It is always sensible to ensure that your Will accurately reflects your wishes. Any Will created during divorce or separation will just need to be revisited as soon as your financial settlement is finalised to ensure that the Will still meets your needs once the Final Order of Divorce is made. If it does, then it won’t need to be amended again unless you remarry in the future or want to change the contents.&nbsp;</p>



<p>With regard to savings and pensions, these are assets that will be brought into the matrimonial pot for potential division, regardless of how they are held. It may be sensible not to move any assets until it is clear what a financial settlement may look like. </p>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/3-2.jpg" alt="legal divorce advice" class="wp-image-67352" srcset="https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/3-2.jpg 1500w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/3-2-800x533.jpg 800w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/3-2-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/3-2-768x512.jpg 768w, https://dev.muddystilettos.co.uk/sussex/wp-content/uploads/sites/11/2024/01/3-2-788x525.jpg 788w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



<h3 class="wp-block-heading" id="h-how-can-people-forecast-for-the-divorce-process-changing-from-amicable-to-acrimonious">How can people forecast for the divorce process changing from amicable to acrimonious?</h3>



<p>Generally being aware that things can change. We are all human beings and emotions are running high. By obtaining legal advice on what your options are, you will understand what alternate steps you may need to take if things don’t follow the route originally taken, for example if court proceedings then become necessary if the other spouse refuses to engage or fails to provide full and frank financial disclosure. </p>



<h3 class="wp-block-heading" id="h-how-can-we-prevent-ourselves-from-being-blindsided-by-our-estranged-husbands">How can we prevent ourselves from being blindsided by our estranged husbands? </h3>



<p>Arm yourself with as much knowledge as possible as to how you go about obtaining full and frank disclosure from your estranged husband. Negotiating from a position of knowledge is best. Often clients say they don’t need to go down the route of financial disclosure as they know what their spouse has got, and they just want to split everything down the middle. But that might not be the fairest outcome. Obtaining financial disclosure will ensure that you both understand each other’s financial circumstances and are on an equal footing when it comes to negotiating terms for settlement. There are also options available to you if your spouse is seeking to hide or dissipate assets. </p>



<h3 class="wp-block-heading" id="h-is-there-anything-we-can-do-to-stop-things-turning-nasty">Is there anything we can do to stop things turning nasty? </h3>



<p>Take legal advice early to help you understand your rights and make decisions accordingly, take a step back (as hard as it may be) before rushing to respond in a way which may inflame matters, considering the bigger picture and your long-term goals. Also consider alternate dispute resolution such as mediation where possible.  </p>



<h3 class="wp-block-heading" id="h-what-s-advice-do-you-think-it-s-essential-to-give-that-people-often-ignore">What’s advice do you think it’s essential to give that people often ignore? </h3>



<p>To try and remain calm through all of this and also take time to properly consider the legal advice that you have been given before seeking to rush into a decision. Also, not making any significant financial transactions until you have obtained legal advice. </p>



<p><em><a href="https://www.knightsplc.com/">Knights</a>, 3 Neptune Square, Edward Street Quarter, Brighton, BN2 0AT, 01273 069 999</em></p>



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Dealing with divorce: Local lawyer advises on splitting up with minimal financial heartache

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