AS family lawyers around the country are busying themselves with the demands of ‘Divorce Month’, solicitors’ firm Miller Hendry in Tayside has issued a cautionary warning that hopeful divorcees need to be prepared to get their ‘house’ in order before they can move on.
January has traditionally been an extremely busy time of the year for divorce lawyers, with many couples leaving it until after Christmas to announce a planned separation and their intention to divorce.
Richard Frenz, a family law expert with Miller Hendry, has warned that high expectations of getting the New Year off to a singularly solo start potentially pivots around how couples choose to deal with the future of the family home, particularly in the current sluggish property market.
He said: “Successful separations are intrinsically linked to the future of the sometimes biggest asset, namely the family home. Couples who need to sell their home can often find that it therefore takes much longer to separate both physically and financially.
“Property remaining on the open market for up to one year, and often longer, is not extraordinary these days, and this can have a significant impact on allowing separated couples to move on with their own lives, separately.”
Some people have found that they cannot afford to separate, even after the relationship has broken down, because their financial ability to move on is tied up in ‘bricks and mortar’.
It can often become intolerable to live for months on end under the same roof with someone you no longer love, creating additional stress and strain on an already fragile relationship.
Richard commented: “If you intend to separate, getting your own house in order is a must. You need to seek legal advice at the earliest opportunity so that all avenues and options can be explored.
“It may be that the sale of a property is not the best option. For example, one person might be able to buy out the other person’s interest in the home and often this is a good and quick method of moving on.
“If finances are tight and do not allow a transfer then more imaginative schemes might have to be considered. Experienced family lawyers will be able to help you to look at the options that work best for you and your family.”
For further information please contact Miller Hendry at www.millerhendrysolicitors.co.uk