The breakdown of a marriage is one of the most traumatic events a person can suffer.  It can be as big an emotional upheaval as the loss of a job or a family bereavement.  Therefore access to sympathetic but accurate legal advice is essential. 

In this situation, it is not just the dissolution of the marriage which needs to be addressed.  In fact, this is usually the straightforward part.  If the marriage has broken down irretrievably, both parties are usually reconciled to ending the marriage.  However, this does not necessarily mean they can agree to proceed in the most efficient and economical way.  Emotions run high at these times, and this can affect a person’s judgement.  Practical, professional advice is needed and will ensure a considerable saving both emotionally and financially.

Mediation

Mediation may be an appropriate course of action.  This does not necessarily mean that a couple will be encouraged to reconcile and get back together (although this does happen and if so counselling services can provide help).  Mediation is now available, in appropriate cases, to enable parties to meet and discuss the resolution of problems arising from a divorce in an informal context. 

Your solicitor can refer you to a mediator who is experienced at guiding discussions between couples in these circumstances.  The mediator will help you address the issues that need to be considered.  If you are able to reach agreement, the mediator will refer you back to your solicitor to put any agreement into a legal document. 

Mediation is often not appropriate.  Sometimes there is an inequality of bargaining power between the parties.  Feelings may be running so high that rational discussion is out of the question.  Even the personalities of the parties may mean that mediation is not appropriate in a particular case. 

Court

The Court’s first consideration is always the children.  Since The Children’s Act was passed, the Courts will only intervene in arrangements for children if it can clearly be seen that a Court Order is required.  If the parties can make arrangements themselves, the Courts will not intervene.  Property and financial matters are almost always more complex and comprehensive than parties originally think.  Pensions have become increasingly important asset in our lives.  Often these can be worth more than the former matrimonial home.  In recent years, legislation has been introduced to allow pensions to be split between parties where appropriate.  However, this may not always suit the parties. Frequently, people need money here and now to get on with their lives. 

Division of assets

If parties cannot live together then questions arise about the sale of property.  If property is sold, arguments may arise about the division of the proceeds of sale. 

Financial pressure is often a contributory factor in the breakdown of a relationship.  Debts may have arisen in the name of one party when in reality both parties have benefited from the loan. These debts will need to be apportioned and resolved.  Ongoing financial support in terms of child maintenance or financial support for spouses will need to be considered immediately after the parties separate. 

CMEC

The Child Maintenance and Enforcement Commission (CMEC) has recently been set up to deal with child maintenance and will replace the old Child Support Agency (CSA).  However, parents are no longer required to involve the CMEC in order to arrange child maintenance even where they are receiving benefits.  Parents now have the choice of setting up a statutory maintenance arrangement through the CMEC or making a private arrangement with the other parent.  For further details and the revised payments formula, please see our Child Support page by clicking here. 

Experienced practical support from your professional legal advisor is essential in minimising discomfort, emotional distress and financial insecurity at this traumatic time. 

Bernard White has been dealing with Matrimonial Law and Property at Morrish Solicitors for over 20 years.  He is a member of Resolution and an accredited specialist on the Law Society Family Panel.  Bernard White will be able to advise sympathetically in connection with divorce, separation, children, property and financial matters.  Friends and family will provide support in these difficult times, but professional advice is essential to provide reassurance and move matters on.