Page 35 - Real Rochdale - Winter 2018

Take the emotion

out of divorce

New year is the time when most couples file for
divorce, in fact, the first Monday in January
following Christmas has been dubbed as ‘Divorce
Monday’. This is because most couples put off
divorce proceedings in an attempt to give their
children a good Christmas and avoid awkward
conversations with other family members. Some
couples try to give their marriage one last chance
and there are others who wait until the new year
for financial reasons, because the date HMRC
uses to determine relationship status for tax
purposes is 31 December.

If you do decide to end your marriage, then you
need to carefully consider your options. Getting a
divorce is not just about a legal document declaring
that you are not married any more, there is often a Written by Hassan Ansari
house to think about, shared finances and children. Director and solicitor advocate at Pennine Solicitors.
Based on Drake Street in Rochdale, Pennine Solicitors
You need to have a clear idea of what you want to has been practising since 1999.
achieve before going through the divorce process
as life as you know it will be very different.

The family court is not interested in how and why a When you go to a solicitor for legal advice, make
relationship broke down. Unless there is a sure you are clear and tell the whole story as there
compelling reason, any settlement the court is nothing worse than something coming out that
considers will be designed to be fair, taking into you did not tell your solicitor, nothing will be a
account your current and future needs, but the surprise, solicitors have heard it all.
interests of children are always put first.
Make sure you get a clear estimate on costs, agree
Divorces will always be simpler, cheaper and how the case is funded and how you will be
quicker and less destructive for both parties if they informed if the cost increases, although you should
can behave in a sensible and cooperative manner. be wary of any hidden costs, disbursements (sums
If you can, discuss with your partner how you will paid on your behalf by a solicitor to a third party)
approach the divorce, such as which of you will and VAT.
petition for divorce and on what grounds. This will
keep costs down and reduce upset and shock. It is always important to ask questions, there is no
Mediation should be considered as an option, to such thing as a silly question; family lawyers have
see if you can agree on key issues such as the ability to both be professional and sympathetic
arrangements for the children, the house and what to what you are going through as they understand
to do about savings, money and pensions. that divorce is a stressful experience.

All the solicitor will then have to do is draw up the Take the emotion out of the situation and think
agreement which avoids delays and the costs of a clearly about the result you are looking for. This
full court hearing, but mediation will only work if will also enable your solicitor to help you get what
both parties are open-minded and committed to you want from the divorce.
finding a solution.

REAL ROCHDALE - WINTER 2018 34 35 REAL ROCHDALE - WINTER 2018