Get an uncontested and pain-free divorce settlement.
So what is an uncontested pain-free divorce? This is where both parties agree depart from each other amicably. In order to get an uncontested and pain-free divorce, they share marital resources and debts fairly and amicably. Thirdly, they will bear no grudges with each how the marriage assets have been divided.
Depending on the couples wishes, this division of marital assets may or may not be a 50:50 split. There may be sentimental value added to some marital assets. Either party may have physical or mental well-being needs that each party is sensitive to. However, it is important that assets are shared and agreed with a third party, such as a lawyer. This should be part of the legality of the divorce. For example, the husband or wife could change their feelings, expose new revelations in bad faith after the divorce. The divorce process will also avoid unnecessary time and costs to all involved.
How can you get an uncontested and pain-free divorce settlement and minimise unnecessary cost?
A should a couple agree to share resources fairly. They need to consider assets in all aspects of their marriage. This will include savings, investments, pensions, property, and debts and on-going family business concerns. There is also ongoing post-marital support: the payment of spouse support, child support, child custody and visitation rights. Sometimes it is not easy to agree on everything without professional assistance. Even though the divorce is amicable, the couple should consider it wise to adopt professionals for the asset distribution. We believe that this is how to get an uncontested pain-free divorce. It will be seen to be fair using the eyes of a third party.
The Marital Causes Act 1973
The Marital Causes Act 1973, section 25 sets out in detail the areas that a couple should consider when distributing assets fairly. It describes what should contribute to fairness. This includes the ages of the couple, future earning capacity and the standard of living enjoyed by the family. It is important to note that section 25 considers the conduct of each person in the relationship. Whether this should impact on how the assets should be shared, would depend of the wishes of each party in this ‘amicable dissolution of marriage’. An experienced lawyer would consider any hint of duress from either party and the effect on all discussions.
What if there has been emotional abuse in the marriage?
Is it possible to get an uncontested and pain-free divorce if there signs of duress are evident during the discussions? Perhaps the person under the duress does not care about the assets and wants a quick divorce. This distribution of assets is in bad faith and could impact on the well-being of dependents in the family. One party may end up worse up but is not capable mentally of protecting what is their rightful future assets.
Emotional abuse can be hard to spot if one person tries hard to conceal it. Maybe a third-party witness has provided new evidence that compromised the asset distribution agreement. Therefore, your lawyer may have to consider advising you to revise the divorce settlement on the grounds that you had reduced capacity.
it is best to start planning and gathering your evidence sooner rather than later if you thinking of distributing assets in a divorce settlement.