The complexity of a divorce will vary depending on the disagreements arising over children and the accumulated assets. Moreover, the court will not allow a divorce to proceed unless proper parenting plans are made for underage children. When the irreconcilable differences in the marriage are clear and there are no kids involved, the divorce process will be fairly straightforward. However, in most divorces, there are extensive complications so it is advisable to engage a family lawyer. Here are the main aspects that you should evaluate before divorce to minimise future legal complications.
Children are very vulnerable during divorce so they should be a primary consideration before divorce or even separation. It is advisable to agree on a parenting plan, where you and your spouse will share the practical responsibilities for any children under the age of eighteen. The agreement should be developed with the children's best interests in mind. The court will evaluate the plan by considering factors such as age, gender and even maturity. The scheme should show that the child will be able to have a relationship with the two parents. They should also be protected from physical harm and unnecessary psychological strain. You should include your divorce lawyer in the process, if you cannot come up with a reasonable plan without assistance.
Child Support and Spouse Maintenance
The responsibility for financial support of the children below eighteen years should be shared by the both parents. The appropriate level of finances will be evaluated by the Child Support Agency with consideration of your circumstances. The laws that govern child support requirements are quite complex therefore, you should never agree to any scheme without consulting your lawyer. You and your spouse will be required to support yourselves individually after the dissolution of the marriage. However, there are exceptions where an ex-spouse will have to be supported. For instance, this will be necessary if one is incapable of self-support due to circumstances such as physical disability or, the main responsibility of one of the parents is caring for young children.
It is advisable to decide on the best way to share the assets before going to the court so as to avoid complicated legal disputes. If you have an agreement, you will only need consent orders from the court for your informal decision to become official and legal. Court ruling on property settlement can be time-consuming and stringent so consult your lawyer on possible alternatives such conciliation and mediation.
For more information, contact Griffiths & Godecke.