Divorce Do’s And Don’ts

Divorce Do’s and Don’ts

Divorce is often a traumatic and stressful time for families. Here is a list of our top five divorce do’s and don’ts.

Do’s

1. Make absolutely sure you wish to Divorce. Consider attending a marriage guidance counsellor or a mediator to discuss your marital problems.
2. If you decide to proceed with divorce it is very important that you obtain expert legal advice from a specialist family solicitor.
3. Prepare a schedule of your income, outgoings, assets and debts. Try and encourage your spouse to do likewise so that you are aware of the matrimonial assets and your financial situation.
4. Do at all times put your children first. It is of paramount importance that you both continue to co-parent your children at all times. Keep the family lifestyle at home as normal as possible.
5. Keep a diary of major events that occur during the proceedings, if any.

Don’ts

1. Do not argue over what is to go into the Divorce Petition. Your solicitor will advise you on this aspect. The ground for divorce is “irretrievable breakdown” of the marriage. This is proven by one of five facts; adultery, unreasonable behaviour, desertion, two years separation by consent or five years separation. The usual facts used are unreasonable behaviour, adultery or two years separation. With two years separation the other spouse must consent to the divorce otherwise you cannot use this ground.
2. Do not criticise your spouse in front of the children or try to make the children take sides. Avoid using the children as messengers between yourself and your spouse.
3. Do not prevent your spouse from visiting the children if you are living separately. Try and agree a schedule in respect of your spouse’s visits, holidays contact etc.  If necessary obtain your solicitor’s assistance with this.
4. Do not introduce a new partner to your children during the early stages of divorce.
5. Do not under any circumstances, argue over the proceedings in front of the children or cause harm to your spouse.

– Lynette A’Court

For any legal assistance or advice with divorce, separation or child access issues, contact our family law specialists here or call 01753 486 777.