Christmas is meant to be a time of goodwill to all men, a chance to enjoy a break with family and friends but all too often it becomes a time when old resentments rise up. In-law disputes and division of labour relating to the demanding “Christmas” tasks, not to mention the money spent, come sharply into focus. The strain can swiftly lead to seriously acrimonious “last straw”arguments fracturing the family. Research tells us that the searches online for information related to divorce have soared this Christmas compared to the same period last year.

If you have finally come to the decision that your marriage cannot continue you need to be able to think clearly and separate the emotional fall-out from the practical concerns – easier said than done. Nonetheless, you will need to be able to put aside the perceived wrongs perpetrated by your spouse and focus on how your exit can be managed with the least disruption and the best outcome for you. Everything must be put on the table, as something such as failing to disclose assets can come back to haunt you if anything is discovered at a later date, as your settlement can be unravelled due to non-disclosure.

Effectively a divorce is about the division of assets and a financial settlement. Except in the most extreme circumstances, the conduct of the parties is not a consideration. Each party has to be able to live at a reasonable standard and have a roof over their heads. There are a significant number of things to think about which often are not immediately obvious, such as tax implications connected to property and businesses and pensions.

Generally, there is one person who is financially weaker than the other and the division of assets will be weighted towards the individual with the lesser earning capacity to even out the parties financial stability. If the matrimonial property is not going to be sold, who is responsible for the mortgage must be decided. This can often be one of the most demanding areas of divorce. Legal Law Limited’s divorce lawyers recommend that couples should sidestep contesting a divorce if at all possible in order to avoid rising legal fees. The courts do not like to preside over protracted arguments and it has been known for a couple to be told by the judge to go away and reach an. If there are children of the marriage their well-being is paramount. Any malicious manipulation of children is strongly disapproved by the courts and looked upon very badly.

Another significant factor, particularly with Brexit around the corner, is whether there is a cross-border element to the marriage and consequently the divorce. If that is the case the jurisdiction is crucial as the perception of a fair settlement can vary quite widely between jurisdictions. Also, the UK leaving the umbrella laws of the EU may have serious consequences for cross-border divorce and the settlements made. It still remains unclear whether anything similar to the present EU laws will be put in place to facilitate the recognition and enforcement of court orders, particularly the financial orders.

The lawyers in the Legal Law Limited family law and divorce teams strongly advise cross-border divorcing couples to think very carefully indeed and be guided by an expert in cross-border divorce as the decisions made at the point of divorce could have implications for you and your children for the foreseeable future.