Tuesday, May 2, 2017

A Simple Way To Deal With Finance Divorce Matters During Proceedings

By David Carter


Separation or getting a divorce always has an element of finances involved. Most parties choose to involve courts so that the determination is binding and thus easy to execute. However, finance divorce matters are not as easy as they appear mainly because they involve existing funds as well as ongoing support.

The tension and acrimony that characterizes such proceedings reduces the possibility of a sober debate. This makes it challenging to discuss the minor details that are so crucial if a long term agreement is to be arrived at. While short term financial issues can be sorted out amicably, the long term financial positions taken require deeper consideration. When handled in a haphazard manner, they will recur and cause problems in future.

Issues to do with finances will differ from one family to the other. They will also be determined by the pre-nuptial agreement, if it existed. Couples who have invested together have a complex discussion to deal with. Where both were actual contributors of finances, the issues may be lengthy. Where children are involved, the discussion will take another dimension since the welfare of children has to be considered.

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.

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.

Before the involvement of authorities, you must endeavor to agree. A decision that is made by courts might be difficult to amend in future. Ensure that there are no hidden assets or finances by engaging professional investigators. It helps to agree other than allowing a decision to be forced down by an appointed mediator or judge.




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