Monday, April 24, 2017

The Best Way To Handle 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.

Immediate financial needs of both parties and their dependents must be addressed. The idea is to give all parties financial stability before all issues are addressed so that they do not fall in debt. The first target is to utilize liquid cash available in banks or expected from salaries and wages. Assets that can be disposed quickly to cater for the needs of dependents may also be targeted by the judge or mediators.

Once immediate financial issues are settled, it is time to focus on medium and long term concerns. You need to agree on the assets that will be covered under long term settlement. The sources of income, how much each gets and for how long is a discussion you must have. The contributions of each partner and responsibilities will have to be considered.

One of the most difficult issues to settle is that of assets. Families have assets that need to be shared mostly because they cannot be utilized jointly. These assets include cars, houses and businesses. Where existing resources cannot buy the other party a similar car or house, one has to surrender it in favor of the other. Sentimental attachment and the struggle of starting all over make it difficult to determine who goes with which asset.

Savings and on going salaries alongside shares are a challenging element of discussion and have an effect on final agreement. Though responsibilities determine the proportionate allocation of resources, situations may change in future. The best way is to be familiar with the laws in order to know how best to circumvent it. All parties in the debate must focus on getting a realistic, fair, desirable and reasonable solution.

It is advisable that you agree before involving authorities in your settlement. This makes it easier to agree other than have a decision forced on you. You need to involve an expert who can even help you unearth hidden assets. The pre-nuptial and post-nuptial agreements will prove crucial in guiding the decision of the judge. Where they do not exist, the mediator or judge will be forced to exercise discretion.




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