DIVORCE

FAMILY LAW

Divorce                                        

There are several factors that can determine how long it takes to finalize a divorce.  If the parties agree to the terms, then the process can be much faster. The factors to be typically considered are the terms of the divorce, disclosure of all assets including money in bank accounts, out of state assets, response times in gathering the information, children, maintenance, tax issues and court lists.

Entitlements under Divorce

If the divorcing parties agree on the distribution of their assets, then this makes the process much easier and faster.  However, unfortunately this is not always the case so it can be left to the Family Court judge to decide on the division of their assets. In such instances the following will be taken into consideration by the Court:

·         The parties’ income

·         The financial resources of each party, current and future

·         The couple’s lifestyle before the divorce

·         Whether there are any mental health issues with either party.

·         Length of marriage

·         Age of parties

·         The family home.

·         The accommodation of each party following the divorce

·         Children especially provision for their education etc 

·         The contributions made by each spouse to their household expenses. 

The Family Home

This is a major concern where parties are divorcing. There is no one general rule for all situations.  It might not be convenient to sell the property and divide the profit after the mortgage is cleared. Where it is the family home and there are dependent children, a different arrangement needs to be arrived at. Your solicitor will advise what the options are regarding the family home as this can be the most important issue on separation or divorce. 

Pensions

This is another very important matter in divorce proceedings. Unless agreement is made between the parties, a judge has the power to make a Pension Adjustment Order specifying that the pension be shared or otherwise divided between the parties.

Legal advice is vital in divorce proceedings. No matter how amiable the parties may be, take your solicitor’s advice before finalising any agreement with your spouse in divorce proceedings.