Monday 24 April 2017

The Best Way To Deal With Finance Divorce Matters During Proceedings

By David Carter


Divorce or even separation of persons with properties or children can never be concluded without looking at finances. The involvement of courts and arbitrators is to ensure that a binding solution is found. Finance divorce matters are challenging where the issues involve long term finances like ongoing support or sharing of existing assets.

Considering that divorces are usually tense and acrimonious, discussing the issue soberly becomes a huge problem. In fact, most of the details are skipped because the environment is not sober for such a discussion. There are short term financial matters to discuss as well as long term issues. If they are not addressed or they are handled inadequately, the discussion is bound to recur many times in future causing one partner to resist or feel aggrieved.

There are differences in scenarios where finances are involved. An example is where pre-nuptial agreements exist. The discussion is usually short and guided by this agreement. If you invested as a couple, the discussion takes a different angle. Where both parties earn salaries and contribute to the daily upkeep of the home, the outcome is unique. If the couple has children, their welfare will inform the debate.

The main items of discussion include immediate financial concerns. This means finances to keep the parties involved going without having to send them into debts. It may mean splitting or utilizing the liquid cash or existing assets. The vulnerability of both parties and dependents must be established. In case there is no liquid money, the mediator or judge may consider disposal of assets or attachment of salaries.

The middle and long term financial needs of divorcing parties and their dependents is the next item of concern. There should be an agreement on what each party gets, from where and for how long. The current financial positions and the responsibilities that will be assigned to each party will guide the negotiations. What each partner has been contributing in the past will be considered.

Assets that are owned jointly have to be shared but you have to deal with the challenge of cars or houses that cannot be utilized jointly. In some cases, some may be sold to provide resources for pressing needs. One of the biggest challenges when sharing assets is sentimental attachment as well as inheritance.

There are savings and continuing pension to share. The two parties have to agree on who goes with what. You will need to understand what the law provides in regard to these issues. The mediators and judges also look at the most reasonable, realistic, fair and desirable settlement.

Authorities like courts and mediators could escalate the bill and impose undesirable solutions where you are not given an option. Avoid them by all means by agreeing and then depositing the agreement with the authorities. The involvement of professional asset tracers ensures that none are hidden. Remember that the decision arrived at will be difficult to amend. Pay all attention required especially to the minor details.




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