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Divorce And Finance: Important Considerations By The Court When Deciding Your Finances

By Laura Sullivan


It is out of doubt that the family court will not make decisions on your financial properties based on whose version of the divorce story they believe on the day. In fact, the law provides family courts with a list of relevant factors to consider when determining your financial position. These are essential to be aware of when going through a divorce, in order to ensure you put yourself in the best possible position when the court is considering your rightful financial share. These divorce and finance considerations include a number of factors.

Hire a good attorney immediately. Do not "trust" your spouse to take care of your best interests during a divorce. Whenever there are property issues, significant assets, and child custody issues involved, it is wise to use an attorney to make sure all bases are covered and that your interests are protected. Be sure you choose someone you feel is genuinely on your side and out for your best interests. A good attorney will manage the financial divisions, as well as property and child custody issues. This is important to be sure you have crossed all t's and dotted all i's, and that nothing has been missed

The family court will then take into account the full extent of your financial resources, including income, future earning capacity/property. This will include looking into the future at any potential salary increases, as well as potential limits to future earnings, if for example, one party has had sole care of the child and not worked until this point. Debts accrued in the course of the marriage also play an important part.

Open a bank account in your name and deposit some emergency funds into it. While denying you access to marital assets is generally not permitted by courts, if your spouse decides to try and your attorney has to sort it out, you will have some money to survive on in the meantime. If you don't want your spouse to know you are opening your own account, try using a debit card and asking for extra money to deposit into this account. Just be sure to disclose these funds when required to do so by the attorneys.

The Issue of the relationship between Pensions and divorce is also important here as if one party has a significantly larger pension than the other, then a pension sharing order will be considered.

Consult with a financial specialist who works in the area of divorce and projections on future outcomes of settlements. This can be extremely helpful as you work out a fair settlement. Keeping that expensive house may not be the best long term plan for you financially. Find out your options.

Finally, conduct surrounding the divorce proceedings will be taken into consideration if the family court feels it is of a significant enough nature and that disregarding it would lead to an unfair result. Any benefits to the parties as a result of the marriage, which will be lost upon divorce, are lastly given some thought, the most common example being pension rights.

Begin to consider your future employment options and goals. You may be entitled to alimony or spousal support, but begin thinking about a plan for how you will support yourself after this support ends. Consult a career counselor or coach for help on clarifying your strengths, talents, and what you will need to do to get you where you'd like to be. This is a great opportunity for self-exploration, and perhaps discovery of abilities you never knew you could bring to the table.




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