Along with the legal separation of two partners, divorce leads to the division of commonly shared property by the spouses as well. It is something that only a few individuals plan and foresee. While dividing shared assets and extracting them out of tax-efficient vehicles, you can end up in adding extra burden on your pockets. Financial settlement often takes a long time, and both parties stay glued to hectic trials for years. Thus, Osbourne Pinner offers valuable guidance and legal assistance to those who are contesting for their property rights after divorce.
Generally, the most argued matter of controversy occurs over the marital home. It is often a highly valuable asset. Apart from the financial value, people are emotionally connected to a house, especially when they have kids together.
You must gain knowledge on how to find hidden assets, what happens to shared debts, how property should be divided and how you can avoid common pitfalls and protect your assets before and during the proceedings. A family lawyer like us can provide you with all this intricate knowledge in the easiest way possible. So, you can always look ahead to consult a solicitor.
Now, it’s time to give some suggestions that you should know before seeking legal advice:
Never make an agreement before consulting a lawyer: Try not to place your foot in the wrong shoe. If you have set your mind to reach the court, do not make any agreement before taking expert legal advice. Consult a family lawyer; you can hire one immediately from Osbourne Pinner. They will let you have an informed view of how the court may divide your assets. It will be a favourable thing to have firm agreements on asset division before heading to the court.
Stay in your marital home: No matter how connected or disconnected you feel to your marital home, continue staying in it during the divorce proceedings. When you have kids involved, you will have to be responsible. Moving out of the home will benefit your spouse on the grounds that he/she stayed back to taking care of kids, and you did not. The spouse who stays back with kids in the marital home is deemed fit to have a greater housing need.
Don’t make decisions related to children alone: Taking unilateral decisions for your children before you have full custody after divorce is never a good idea. Kids generally have a tough time when parents file for a divorce. Don’t add more to their emotional pain by imposing new arrangements upon the kids and involving them way too much in your divorce. Let your spouse have equal rights on actions that you both should make as parents.
Avoid moving in with a new partner: During your divorce proceedings, the family courts will take your cohabitee’s financial circumstances under consideration. When you share bills with your new partner, the court will consider her/him as a financial resource. In case you are bound to stay with someone, do consult a family lawyer so that they can safeguard you from any adversity.
Try to sort it with our spouse
If both the spouses are on friendly terms, it is always better to sort the matter and divide property with mutual consent. Dividing your assets on your own will be in the best interest instead of giving the whole sole control over your belongings to the judiciary. It will also let you save a lot of time and money that goes in long court proceedings. Emotional stress is also something you will end up in avoiding. It is always ideal to have mutual agreements without court intervention on family and property matters.
Research and stay informed if you prefer Court proceedings
When you and your spouse cannot resolve the property-related arguments outside the court, then a judge will have to sort it for you. Once you head to a court proceeding, the state’s law will have complete control over the decision on your shared property. As far as the home is considered, the judge may order to sell it; there are various other orders that you may get, our legal solicitors can explain them.
There are several divorce-related restraining orders that prevent spouses from using, mortgaging or selling the property during the proceedings. Without the court’s approval, you cannot exercise full right over any asset even if it belongs to your name. In such situations, it is always better to consult an experienced lawyer. If you are planning to hire one for yourself, you can always find the best family law solicitor at Osbourne Pinner.
