Men’s Divorce Advice
Going through a divorce is a difficult time for everyone involved. Men, women & children are at the fall front of it all which is why we have created specific advice sections for everyone invloved.
Men and fathers often feel like they come out with the hardest deal.
However, Men and women often deal with divorce in different ways and have different priorities.
Use this section to read our detailed free advice on all things men and divorce such as:
- Mens Divorce Rights
- Pre-divorce advice for men
- Financial advice for men
- How to protect yourself in divorce
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Pre Divorce Advice for Men
There are lots of things a man needs to do when preparing for a divorce. However, there is very little advice available which makes the situation even more worrying and stressful.
Divorce itself simply ends your marriage however there are many assets you have to deal with due to divorce, the family home, children, finances and more.
Pre-divorce advice for men can protect you from emotional, mental and financial strain.
What not to do?
It’s very easy to bury your head in the sand but this is actually the worst thing you could do. Unfortunately, divorce can take a while, a few months at least, it’s not going away and needs to be dealt with.
How a man should prepare for divorce
We firstly suggest you find support from friends and family, and open a channel of communication this can also include your soon to be ex-spouse.
Divorce put a huge strain on your relationships but if you are able to talk amicably about your situation it will make a huge difference.
Secondly, we suggest you research the divorce process and what’s involved. It’s highly likely that unless you work within family law you are unfamiliar with divorce as a whole.
Researching the divorce process shows you what to expect, making the whole process that little easier.
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Men’s Divorce Rights
Divorce Advice for Men with Children
Common Divorce FAQ’s for Men
Men’s Divorce Rights
When you are married both spouses have an equal right to live in the marital home even if one spouse is not mentioned on the deed.
If your spouse is the only one named on the deed you still have a right to live at the property and they are not able to change the locks or kick you out.
A fair split is what the courts strive for, it’s important to understand that this doesn’t always mean an equal split.
The reason for divorce very rarely has any effect on your financial settlement unless its finance related.
A Court must take into account the Matrimonial Causes Act 1973, which outlines that then courts need to consider: income, earning capacity, financial needs, standard of living, age of each party, physical or mental disability, contributions, conduct.
Divorce Advice for men with children
Fathers Divorce Rights
Many fathers believe they often get the worst deal when it comes to divorce and seeing their children. However, there are no rules in regards to how you parent and share your time between your ex-spouse.
There are many practical considerations that need to be taken into account when deciding how much time each child will spend with each party including, the age of your children, the work-life each parent currently has and the location and type of accommodation each party has.
In regards to the father rights within a divorce, the law sits firmly with the child. The law says the child should have a relationship with both parents, as long as it’s in there best interest. The law doesn’t have any set rules in regards to where the children should live and how often each parent should spend with the child. This is largely down to both parents to agree upon.
However, it’s essential that both parties need to have the best interest of the child at heart. This may seem obvious but the frustration of divorce can often take over.
If both parents cannot come to an agreement or if one parent feels the agreement is unfair, you are able to take it to court and let them decide a fair agreement in the form of a child arrangement order.
Depending on the child arrangements you and your ex-spouse come to will depend on if child maintenance needs to be paid, if so who pays it and how much.
child maintenance is a legal requirement so if its deemed ether spouse has to pay the other a set amount they legally need to do so.
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There have been many high-profile cases where spouse’s have gained large sums of money by claiming against their ex-partner, even up to 10 years after the divorce was finalised.
If a financial order isn’t obtained following a divorce then matrimonial financial ties still apply and if one parties wealth increases for a number of reasons, then future claims are possible. Even if you believe you have no assets to split, it’s always worth obtaining a court order to legally separate financial ties.
Protecting yourself in divorce doesn’t just mean financially but also emotionally.
Firstly, take records of financial documentation and record yours and your spouse’s financial situation when split eg. debt, savings, assets and mortgage. Important documents can go missing within the divorce process so it’s always best to get copies of your essential documents and keep them in a safe place.
If you divorce or financial situation is complex or you feel you’re not getting a fair split, ensure you seek legal advice from a qualified solicitor immediately.
In regards to emotional support, ensure you speak about your divorce, bottling your issues up can be detrimental to your emotional well being, family and friends will always be there to support you.
Financial Advice for Men
Divorce is a large process for ex-spouses to go through however, often separating finances takes a larger strain on both parties.
Men often feel they lose everything in divorce but the truth is both parties lose out. Any assets that have been acquired within the marriage are marital property which means they can be split fairly with both parties.
However, fairly doesn’t mean equally. Unfortunately, most men have acquired more within the marriage and continue to occur and earn more after divorce. For that reason, many women often seem to get a better deal because they are not financially stable and their ‘needs’ are greater than their spouse.
Another reason why women may be seen to get a better deal is because children often reside with their mother for the majority of the time & the children’s need are more superior to everyone else’s, they need a roof over their head and a familiar routine.
Therefore theoretically the law is equal for both men and women but in practice, if young children are involved or the marriage has been long, financial settlements of capital or transfers of property to the wife are often substantial.
However, the man will never be left with anything, his ‘needs’ need to be met to. If you feel your financial settlement is unfair then you need to seek legal advice immediately.
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