Common Divorce Mistakes To Avoid

Divorce is an emotional time for any couple, fraught with disagreements and frustrations.

Emotions can run high, leading to you making avoidable mistakes throughout the divorce process when you’re not thinking clearly.

Divorce proceedings shouldn’t be taken lightly, and you should always seek legal advice to understand your rights.

Common divorce mistakes include, but are not limited to:

1. Refusing or failing to communicate with your spouse
2. Agreeing to an unfair settlement
3. Not obtaining legal advice early on
4. Acting out of anger
5. Not fully disclosing assets
6. Underestimating how long divorce takes 

1. Refusing Or Failing To Communicate With Your Spouse

Communication can often break down with your spouse during divorce, but allowing this to happen is a mistake to avoid.

The best financial agreements are often agreed upon by spouses who can communicate their wishes.

Moreover, if you have children, it’s essential that you discuss child arrangements and financial support with your spouse, ensuring that you consider the children’s best interests.

Failing to put your children first in divorce through good communication can result in costly and painful legal disputes further down the road.

A good line of communication is key to making divorce proceedings as smooth as possible and can save you the cost of a lengthy court battle.

2. Agreeing To An Unfair Settlement

A common divorce mistake is agreeing to an unfair settlement.

Pressure and a desire to get the divorce process over with can result in you agreeing to an unfair settlement.

You mustn’t agree to any financial settlement that you either don’t feel is fair or don’t understand.

That said, you should review any proposed settlements thoroughly and consult an experienced family law solicitor to ensure your and your children’s needs are met.

3. Not Obtaining Legal Advice Early On

One of the biggest divorce mistakes we see is not obtaining legal advice from a solicitor early on.

Although it might be tempting to proceed without legal counsel, a family law solicitor will provide you with the support and guidance you need throughout the process.

Moreover, a solicitor will help you understand your and your children’s rights. It’s crucial to seek legal advice as soon as possible to ensure that you reach an agreement on child arrangements and a fair financial settlement,

If you’re about to begin the divorce process, Harding Evans divorce solicitors can help.

Contact our experienced team to learn how we can support you through this difficult time.

4. Acting Out Of Anger 

Divorce can be a very turbulent and emotional time, especially when children are involved.

While it’s acceptable to experience feelings of anger and guilt during the divorce process, it’s never advisable to take action in your divorce based on these feelings.

Acting out of anger instead of acting based upon rational reasoning can do more damage in the long run than you might initially realise.

The introduction of the ‘no-fault divorce’ in England and Wales is designed to reduce conflict between separating couples.

That said, to keep things amicable, it’s best to seek the help of a divorce solicitor to ensure you’re making sound decisions.

5. Not Fully Disclosing Assets

A common mistake when getting divorced is not fully disclosing your assets.

To seek a financial settlement, the courts in England and Wales require full financial disclosure from you and your spouse.

What Are Matrimonial Assets?

In short, matrimonial assets are financial assets that either party has acquired during the course of the marriage. In some circumstances, this can also include assets accrued prior to the marriage, but subsequently mingled.

Attempting to conceal assets can result in serious legal consequences, and the judge may give a more favourable settlement to the transparent party.

When reaching a financial settlement following divorce, you must be completely transparent about your assets and financial position. 

6. Underestimating How Long Divorce Takes 

Lastly, a divorce mistake is underestimating how long the divorce process takes.

Depending on the circumstances, divorce can be a complicated and lengthy process.

Divorce in England and Wales takes a minimum of 26 weeks or six months, and the process can be delayed for numerous reasons.

If you enter the process assuming a quick resolution, you may make hasty decisions that you’ll later regret just to speed up the process.

Remember that unfair child arrangements and financial settlements are at stake, so it is crucial to respect the time necessary to reach the best agreement for everyone involved.

How We Can Help

At Harding Evans, our family and matrimonial solicitors are trained in all aspects of divorce.

There is so much to consider during divorce; you will sometimes feel lost and uncertain, so it is important to get professional help and guidance. 

Get in touch with our specialist team today.