How Do I Protect Myself Before and During Divorce?

4th June 2020

How can I protect myself before and during a divorce?

Divorce, whether it is your choice or not, is an emotional rollercoaster. There is so much uncertainty and information initially to take in that it is not uncommon to feel overwhelmed by it all from time to time and especially so if you have children.

As well as the practical things to consider it is vital you obtain legal advice from a family law specialist, such as myself, at the earliest opportunity to find out legally what you can be doing to secure and protect yourself and your children during the divorce process.

It is always best to obtain legal advice BEFORE you tell your spouse that you want a divorce.

Some legal protection points you may need to consider as follows:-

1. The family home. This asset is likely to be both the key focus in your divorce and also the most valuable assets of the marriage. Can your spouse ask you to leave the home? Do you need to do anything to protect your interest in the home and be able to remain there until the divorce is all sorted out?
2. Are there any other properties that need protecting? Did your spouse own a property in their sole name before you met and does that property remain in your spouse's sole name?
3. What should the interim financial arrangements be that won't harm your financial negotiating position in the divorce proceedings?
4. How do you find out or stop your spouse disposing of or hiding assets to avoid a fair financial settlement being reached?
5. Should you really be throwing all your efforts to building and growing your business?
6. Getting all your financial information and documentation together is better started sooner rather than later as this is a very time-consuming task.
7. Did you know there are civil and criminal implications if you wrongfully acquire financial information or documentation that relates to your spouse's financial circumstances? Your solicitor can guide you as to what you can and cannot do
8. It is rarely a good idea to dispose of or transfer assets in your sole name to a third party or spend money frivolously. Seeking guidance early on from your solicitor may save you from devastating consequences of doing so 
9. There are also steps that can and should be taken when it comes to agreeing on the arrangements for the children

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