There are many things to consider when you are deciding on how to divorce your spouse: who can claim the children, who is entitled to spousal maintenance, can one spouse keep the home as separate ownership, etc. This article is specifically geared to the divorce process in that the couple are in agreement of the terms. The issue is resolved in a fair way but still requires a solicitor’s skills, knowledge and patience to help the couple resolve things, especially when they are used to working things out privately.
The first thing to do is to ascertain exactly who the children are belonging to and you wish to continue with the claim on the child. For example if you are childless from your spouse and they wish to continue with a claim on the child and you are in agreement to do so then you are advised to proceed with the claim, however if it is deemed unfair to proceed then there are many ways this can be rectified.
Spousal maintenance is a matter to be considered. Whilst this is not necessarily a subject for a divorce you will definitely find that it affects the divorce process as you may wish to end your marriage with a claim on the husband or wives earnings.
There are many terms you will need to familiarise yourself with. For example, what is considered a contribution to the family? Where do the decisions come from if one spouse requests a division of assets? There are many questions you will need to know which are beyond the scope of this article but will be covered in subsequent issues of Divorce magazine.
It is vital that you obtain independent legal advice before entering into any contract without seeking independent legal advice. The contract you choose will greatly determine its worth in the process of divorce.
Divorce is an expensive process, if not avoided then very difficult to reverse.