Divorces are messy, but common, and far too many people enter into divorce proceedings without going through the appropriate steps first. If a split is on your horizon, tend to the following legal and financial preparations before proceeding any further:
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Financially
1. Gather all financial records.
If you and your ex are still on good terms, this is going to be easier. Regardless, it is important that both of you are up to date on your exact financial situation. Gather your records, disclose any debts – even personal ones – that were incurred before the divorce. And remember, the financial institutions to which you owe money don’t care whether you’re staying together or parting ways. They do, however, expect you to continue paying the bills.
2. Open your own account.
Once divorce is inevitable, it is wise to open your own private bank account as you prepare for the transition to financial independence. While you are at it, open your own credit card account as well. This will allow you to better control your own credit rating in the period after the divorce is final.
3. Discuss how onward rent and mortgage payments will be handled.
Whatever debt the two of you have accrued will still need to be paid down after the divorce. If you can come to agreement before the court proceedings begin, then the entire process will run much more smoothly. These details will be sorted out one way or another (and not necessarily to your liking) once the divorce goes to court. It is preferable to work this out on your own.
4. Start putting money away for your own legal fees and other affairs.
Most divorcees take a financial hit during the split. After all this is dramatic restructuring of your financial situation. Start putting money away so that you can pay your legal fees and set a budget for the period after the divorce.
Legally
1. Don’t move out of the house
Even if the two of you are not on good terms, it is important that you continue living in the house and tending to your responsibilities. When it comes to domestic situations – particularly those that involve children – courts are likely to rule in favour of the status quo. If you have been living outside of the house and leaving your ex with the heavier burden of responsibilities, the courts are liable to decide that it should continue that way after the divorce.
2. Open a post office box.
Following up on the previous point, one of the complications of staying in the house is a constant lack of privacy. In some cases, this amounts to little more than an annoyance. However, when it comes to the post, you need your parcels and documents to remain private. The last thing that you want is an angry, soon-to-be ex going through your personal financial documents or the correspondence between you and your attorney.
3. Be mindful of your behaviour.
It is all too common for soon-to-be divorcees to succumb anxiety and stress of their current situation and try to compensate in less-than-attractive ways. The problem is that your life is going to be scrutinised by a judge (and even more so by your ex’s divorce attorney). Don’t give them any reason to rule against you or – even more importantly – to grant you less access to your children than you desire. With that in mind, save the partying, dating and late nights for until after the divorce is finalised.
4. Get an attorney.
We’re saving this one for last in the legal section, but it ought to be the very first thing you do when you know a divorce is looming. Every situation is different, and only an attorney is going to be able to assess your particular needs and advise you accordingly.
About the Author: Sonia Allen is a writer who currently works for GT Stewart, a firm that has established itself as one of the leading providers of legal services for crime, prison, and other law cases.
