Unfortunately, many individuals make common mistakes that can have long-lasting consequences. When individuals first come to see me, I often highlight how to avoid mistakes, protect their interests, and achieve a fair outcome, as follows:

Failing to Seek Legal Advice

One of the most significant mistakes individuals make during divorce is not seeking legal advice. As family lawyers, we provide guidance, help protect your interests, and ensure you navigate the legal complexities effectively. Like all professional services, it comes at a cost but with the right legal advice, it should be an invaluable investment. If you take legal advice at an early stage, you can assess how much advice you require, based on the complexity of the case. Most solicitors work with hourly rates and should provide you with an estimate of costs for the work you agree they will do so that you can work to a budget.

Neglecting to Consider the Children’s Best Interests

When children are involved, their best interests should be a top priority. Failing to consider their needs and well-being can have a lasting impact. I always advise individuals to work towards a parenting plan that promotes stability, open communication, and shared responsibilities. I suggest consulting with a family therapist or mediator to facilitate productive discussions and ensure the children’s needs are met. This can be in parallel with legal advice or proceedings if necessary. Having a good relationship with both parents is parament to children unless there are any safety concerns that can not be ignored.

Allowing Emotions to Drive Decisions

Divorce can be emotionally charged, but it’s important to approach decisions with a clear and rational mindset where you can. Allowing anger, resentment, or revenge to guide your choices can lead to unfavourable outcomes. Focus on the facts, consider the long-term implications, and make decisions based on what is fair and reasonable.

Not Being Prepared

Lack of preparation can hinder your ability to protect your interests during divorce and financial resolution. Gather all relevant financial documents, including bank statements, tax returns, property deeds, pension statements and investment records. Being organized and having a clear understanding of your financial situation will help you negotiate a fair settlement and avoid your family lawyer wasting time trying to get these documents organised for you.

Overlooking Hidden Assets

Some spouses may attempt to hide assets during divorce proceedings to avoid their fair division. There is a duty to be full and frank about finances during the disclosure process. This includes looking back over 12 months prior to divorce and throughout the process. It is important to be full and frank at all times. Failure to be full and frank during or after proceedings have concluded can make the settlement or court order open to being reconsidered, particularly if the non-disclosure is significant.

Where a spouse is thought not to be full and frank, or honest, working with a forensic accountant or financial expert can help identify discrepancies and locate assets.

Disregarding Court Orders or Agreements

Once court orders or agreements are in place, it’s crucial to adhere to them. Failing to comply with court orders or violating agreements can result in legal consequences and damage your credibility. If you are unable to comply with a court order because of a change of circumstances, an application to court can be made to vary the order but without the court being made aware of a change in circumstances, you may be in breach if the other side does not agree to a change in the order.

Relying on Social Media

Online social media such as Facebook and Instagram are part of everyday life for must of us. However, be cautious about what you post on social media during divorce proceedings. Information shared online can be used against you in court if relevant. Avoid posting negative content about your ex-spouse, as it will simply create side issues and potentially drive-up legal fees.

In summary, divorce, financial resolution, and child arrangements require careful consideration, preparation, and informed decision-making. By avoiding common mistakes, you can navigate the divorce process more effectively. Remember to prioritize the best interests of any children involved and respect court orders or agreements. By taking these steps, you can protect your interests and work towards a fair and equitable outcome.