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5 Common Mistakes Made During Divorce |
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1. Divorce Petition
i. It is important to tick all the boxes on the petition that are relevant, for example in Part 4 you do need to tick the top box saying “There are and/or have been” and also the final box “No other proceedings in any court in England and Wales or elsewhere”.
ii. In Part 2, not completing the parties’ names exactly as they appear on the marriage certificate i.e. in the case of the wife the maiden name, even if she now uses her married name.
iii. Also in Part 2, the place of marriage needs to be copied exactly as it appears on the marriage certificate.
2. Failing to deal with financial matters
It is possible to get divorced and leave open the financial claims that exist as a result of the marriage. These claims will continue unless there is an order dismissing them or until a spouse remarries without first making a claim and even then the other spouse’s claims do remain open. It is therefore advisable to have a consent order to avoid potentially a spouse making a claim many years after the marriage has ended when the other spouse’s circumstances have significantly improved, as happened in the case of Vince v Wyatt (http://www.familylawweek.co.uk/site.aspx?i=ed113625).
3. Failure to obtain full financial disclosure from the other person
In some cases a couple will agree that they will just provide each other with summary financial disclosure. This is fine if both are confident that they know each other’s position. If however you believe your spouse may have assets of which you are unaware then it is sensible to have full financial disclosure initially through Forms E with the documents that the form requires attached. This includes, for example, twelve months’ bank statements which sometimes leads to the discovery of assets that have not been disclosed elsewhere.
4. Failure to deal properly with pensions
People do not always understand the significance and options with regard to pension sharing orders and these assets should be considered.
5. Failure to take legal advice
It is not unusual for settlements to be agreed round the kitchen table so to speak but it is always advisable to have advice from an expert to check that you have considered your future circumstances and taken into account the factors that a court would consider if a judge was deciding the case e.g. disparity between earning capacities, needs in retirement and contributions that have been made to both the assets and towards the home.
Written by Kirstie Law Solicitor, Collaborative Lawyer and Mediator
at Thomson Snell & Passmore. Visit www.ts-p.co.uk for further information. |
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