56 New Year New You • Financial & Legal Resolutions


New year, new start


The new year represents a time of change, as old gives way to new. It’s then perhaps of little surprise that January has become known as ‘divorce’ month, says solicitor James Ferguson


W


hether this is due to hectic holiday stress, putting on a warm front for the kids in the run up to Christmas or the


chilly combination of poor weather and even poorer relationships, it’s not uncommon for couples to separate in the new year. With this in mind, here are some top tips for surviving — and succeeding at — the often difficult sepa- ration and divorce process.


Take legal advice It can be tempting just to try to ‘sort it out ourselves’ in order to save on lawyer’s fees. Sadly, this seldom works and often results in a financial agreement which isn’t fully watertight and, crucially, can leave one party much worse off than he or she should be. At the very least, talk to a specialist family lawyer before final- ising a settlement with your partner or spouse, as it’s vital to have an informed view of how a court would divide the assets between you and resolve any dispute about your children.


Put children first Whether intentional or not, the sad fact is that children often find themselves in the midst of a tug-of-war between separating parents. It’s better to make it clear to the children that they’re not at fault, nor are they expected to take sides. If matters can’t be agreed, it can be productive to try to resolve the arrangements through media- tion rather than issuing court proceedings.


Choose a lawyer that suits you, your budget and the situation The solicitor you choose will be pivotal to the outcome of your separation or divorce proceed- ings. You must be able to confide in them and share deeply personal information, so


it’s


Separation and divorce are among the most stressful events in life. Look not just to lawyers but family, friends and therapists for support


important you choose someone you trust and get on with on a personal level. If you’re aiming for a cordial outcome, consider choosing a solicitor who’s a member of Resolution, an association of specialist family lawyers that encourages amicable settlements rather than acrimonious litigation. Consider alternative forms of dispute resolution, such as mediation, arbitration or private court hearings. Crucially, the lawyer you choose should get


their job satisfaction from


settling, rather than litigating cases. Finally, don’t be shy when it comes to asking about fees; enquire at the outset how much it’ll cost, how you’ll be charged, how often you’ll be invoiced and what to do if you’re unhappy with the service you receive.


Be honest about your finances If you go to court, you’ll be obliged to provide a microscopic level of detail of your financial circumstances, from historic bank statements to pensions, investments and property valuations. Those who try to hide their wealth are inevitably found out as a result of a forensic examination of their disclosure. Non-disclosure can lead to


courts drawing adverse inferences, which will have a negative impact on your case. If, following a financial settlement, a spouse is found to have concealed assets during the proceedings, then the divorce settlement can be overturned, often with the concealing spouse being ordered to pay the costs.


Ask for help Separation and divorce are among the most stressful events in life, taking months or some- times even years to get through. Look not just to lawyers but to family, friends, therapists or counsellors for support.


If possible, maintain


cordial contact with your partner, as a construc- tive dialogue can often be the most effective tool for resolving matters. Finally, try to remember; from every ending comes a new beginning.


Contact James Ferguson T: 020 7629 7411 E: jferguson@boodlehatfield.com boodlehatfield.com


Saturday 6th January 2018


James Ferguson, head of family law at Boodle Hatfield LLP


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