We ask an expert to help couples who are about to get married to seek legal advice on how to seperate well.

As if January 9th, the Monday following Christmas, wasn’t enough depressing enough. In family law circles, it is also known as “Divorce Day”. Some couples find Christmas stress too stressful for their relationships, so this is the time when their lawyers begin to plan for an exit strategy for their marriage.

Yet, Bad divorceThey are here The worst case of divorceFrancesca Skackle, a divorce attorney, shared her top five tips to make the process as simple and straightforward as possible.

The lawyer arrives

Although it may sound cliché, anyone who wants to begin the separation process should seek out legal advice as soon possible. This will help you and your partner focus your discussions and give them structure. Seeking legal advice will give you the assurance that the final agreement you sign will be one that meets both your immediate and longer-term needs.

It’s wonderful that the government has created an easy-to use citizen portal to assist people in starting divorce proceedings without having to hire a lawyer. More often than not, however, we’ve found that this leads to problems later on, as many don’t realize that a final divorce order doesn’t automatically end financial claims—even if you’ve reached an agreement with your partner about how you’ll handle finances. You can discuss this among yourself. This means that you are still open to financial claims from your ex or future civil partner, even if you have a final divorcement order.

People often overlook the needs of their families when making financial arrangements. One example is retirement plans.

Get advice from Resolution

For the best structure and focus, it is a good idea to seek out Resolution members for advice. Resolution is a network of family justice professionals who strive to solve problems in a constructive way. On the Resolution website, you can find local family attorneys.

Mediation is an option

Mediation may be an option if you find that your conversations around the kitchen table with your partner aren’t as fruitful as you would like. This is where an independent third party will guide the discussions and conversations. A mediator cannot provide legal advice. We recommend that a lawyer be involved in these discussions to help you structure your ideas in accordance with court guidelines. This is especially important in financial arrangements as the court won’t approve a consent order that doesn’t meet their standards for fairness.

If mediation doesn’t produce the results that you want or if it is not right for you, you can talk with your attorney about other dispute resolution options that are suitable for your specific circumstances.

Avoid going to court

If you are unable to reach an agreement, the court may be able to help you. However, court proceedings can be expensive and long-lasting and can lead to tensions that are not being reduced.

Arbitration can be used to resolve your matter privately. It is quicker and often cheaper than recourse to the full court system. After hearing all of your evidence, the arbitrator will make a binding ruling. Think of the arbitrator as a private judge.

Separation versus divorce

Many people want to end their marriage but not officially dissolve it. This could be for religious or personal reasons. You can talk with your attorney about a separation agreement. This type of postnuptial arrangement is used to record the financial agreement. Although these agreements are not legally binding, they can have significant legal consequences if properly executed with sufficient safeguards (eg: you have both received legal advice, sufficient financial disclosure, etc.).