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Delaying Divorce is not always the best option . . .

View profile for James Wright
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Although a couple might come to the sad conclusion that their marriage is over, for one reason or another, they might put off bringing it to an end formally.  Does it matter?  Well, it could.  And if it really is over, and divorce proceedings will be inevitable, here are 7 good reasons why a delay isn’t a great idea:

  1. You can’t remarry – divorce proceedings have to be concluded before you marry a new partner
  2. You and your partner could make financial claims against each other – you need a full financial agreement within divorce proceedings to avoid this.  Any kind of agreement after separation won’t count.
  3. Your partner might change his/her mind about matrimonial assets, and can do so, unless agreement is placed into a formal Court Order within divorce proceedings.
  4. Your partner might claim a share of any money you inherit or are gifted while you are still married – you need a Financial Order within the divorce proceedings to avoid this situation.
  5. If you or your partner should die before divorcing, then any pension or death in service payment may become payable to the surviving spouse, even if you were living separately.
  6. Should one of you die without making a will, then it is likely that the other spouse will inherit under the laws of intestacy.
  7. Your or your partner’s financial circumstances might change for the worse –at the time of separation they might be able to provide for themselves and any children, but illness or redundancy might leave them no choice but to ask for financial help from the other spouse, especially if they are in a better financial position.

 

At Talbots Law we have a team of specialist Family lawyers who are always on hand to help and advise. Call us now on 0800 118 1500, or email James Wright in our Family Team.

 

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