Striking the right balance

For most people there is no reason why obtaining a divorce should be difficult. Often there is an acceptance on both sides that the relationship is at an end. 

Unfortunately the prospect of consulting a solicitor can be daunting. There are stories of how quickly a large legal bill can be built up. Sometimes, when solicitors are consulted, relations between the parties can get worse. There can be differences in relation to what is best for the children and how the finances should be dealt with. As a result of this, tensions can build and communications deteriorate.

It is better for everyone if an agreement can be reached  between the parties. Often this agreement can be put in writing in the form of a Minute of Agreement which is basically a contract setting out the terms of what is to happen.

If such a contract can be completed then the divorce action should be straightforward. In many cases it will be advisable to wait for a one-year period and then proceed to divorce with both parties consenting to the action. This is preferable to a fault-based divorce such as unreasonable behaviour or adultery. Very often these types of divorce can cause further disagreement between the parties and make settlement less likely.

Having said all of that  it is important to make sure that issues relating to the welfare of the children or financial matters are sorted out fairly.

It can be a mistake to agree to a financial settlement at the time just to ‘get the divorce over with’. Very often in the years to come  that could be regretted. You get one chance during negotiations and you want to make sure that you receive what you are entitled to.

So there is a balance to be struck between rushing ahead and risking losing out on a possible financial claim and moving forward at a slower pace  but incurring more fees and possibly more upset.

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