Every divorce is different. Some are hostile and matrimonial assets are disputed and used as chess pieces.
However, many divorces are civil and assets are divided equally with minimal hassle. Either way, you’ll find the most significant resource for navigating this part of the divorce process is a family lawyer with an abundance of knowledge and experience.
In this post, we’ll take a look at a few of the ways a good divorce lawyer will benefit you when it comes to dividing marital assets effectively.
Guide to the Division of Matrimonial Assets
Shop Around for the Best Divorce Lawyer to Suit Your Needs
If you are in the market for a new house, car or just about anything else you would undoubtedly shop around for the best option. So why not apply the same train of thought to choosing a divorce lawyer? Don’t stick with the first law firm you stumble across on Google or the lawyer down the road. Instead, take your time and find a specialist family lawyer who can be a brilliant asset during a difficult time.
Most law firms will offer an initial consultation for free, providing you with the perfect opportunity to find a divorce attorney whose approach and demeanor suits you. Also, it’s worth noting the digital age has provided several platforms to contact people efficiently and at a moments notice. So, if you want to hire a London divorce lawyer but live outside the UK’s capital, you’ll find phone calls, email and even video calls such as Skype are sufficient to discuss your case effectively.
Avoid Mistakes Before and During the Divorce Process
The division of marital assets is a crucial aspect of the divorce process that will shape your personal and financial future. So it’s safe to say it’s something you should approach carefully to avoid common mistakes that could jeopardize your divorce settlement. It’s vital to be open and honest with your family lawyer during a divorce. Such openness will allow them to provide relevant and efficient advice and also prevent any rash or poor decision-making.
Examples of rash decisions that could cause you problems include:
- Acquiring personal or financial information about your spouse by opening their mail, logging into their online banking or reading their emails. Such activity will encourage mistrust and hostility. Evidence obtained like this also tends to be inadmissible.
- Attempting to or successfully transferring assets into trusts, offshore accounts, or to a third party. While this may seem like a smart move if you’re looking to protect your assets, it’s an action the court will see as deceitful and won’t look kindly on.
- Moving out of the marital home can also be an issue. Your spouse could claim they are now the primary caregiver of any children and so have a greater need for housing. This scenario will be less favorable financially and means you’ll have to sort out living arrangements during a particularly stressful period. Remaining in the same home won’t always be a viable option. But if you can do it, you’ll find it will benefit you in the long run.
- Some people make the mistake of reaching a financial agreement before seeking legal guidance, which at the time may seem like a good way to avoid hassle and hostility. The problem is, at this stage, you won’t have an in-depth overview of your spouse’s assets and how you both should share them. So making agreements early could leave you with a lot less than you’re entitled to.
A Hostile Divorce Is Bad for Everyone
The stress and emotional trauma of a divorce can cause the process to become hostile — especially when it comes to something as crucial as dividing marital assets. Negotiating the terms of your divorce civilly will prevent unnecessary emotional trauma for yourselves and your children, avoid taking the case to court and increase your chances of gaining a more favorable settlement.
Even the best divorce lawyers in the world won’t be able to guarantee your divorce will be civil and hassle-free. However, the guidance of an experienced family lawyer will prove crucial when dealing with a hostile spouse. They will also give you a much better chance of negotiating a reasonable financial settlement that suits everyone’s needs.
A good divorce lawyer will make the divorce process run a lot smoother. Their work will allow you to maintain a better relationship with your spouse — the latter being especially crucial for the post-divorce child and financial arrangements such as shared debt and mortgages.
Clayton Miller is a co-founder of KMJ Solicitors, a firm of specialist divorce lawyers in London. Their team specializes in all areas of family law, such as high-net-worth divorce, separation, child law, prenuptial agreements, and more. www.kmjsolicitors.com
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