Divorce Column June 2025

Divorce – Some Common Mistakes
Divorce is widely recognised as highly stressful and emotionally challenging. Here are a few of the most common mistakes to avoid:

1. Failing to seek early legal advice: Divorce is typically a multifaceted process often also encompassing separating finances and making child arrangements. There is much to consider and delaying seeking legal advice from an experienced divorce lawyer can lead to missed opportunities, misunderstandings, critical errors and substantial prejudice to your position.
2. Taking legal advice from friends and family: This is worse than number 1 above. You may have friends or family who think they know it all, but they really don’t. Even if they have been through divorce themselves their situation wasn’t identical to yours. Each case is unique and must be decided on its own facts. Get your emotional support and a sympathetic ear from friends and family if you like but do yourself a favour and get your legal advice from a divorce lawyer only.
3. Letting emotions drive decisions: It is normal and natural for a whole range of emotions to come into play in divorce but emotions can cloud sound judgement, which can lead to making poor decisions which can lead to suffering poor outcomes. It’s important to stay focussed throughout.
4. Underestimating financial disclosure: Both parties are obliged to provide disclosure of their financial circumstances. Some people say they would be willing to waive their entitlement to see ‘the full ins and outs’ of the other parties’ finances but this can be a huge mistake. Disclosure is a legal obligation and entitlement and underestimating its significance can be a costly mistake leading to an unfair settlement.
5. Unwillingness to compromise: Settling disputes inevitably involves an element of give and take on both sides. Rarely, if ever, does one party exit a marriage on all their own terms. A willingness to negotiate and compromise within reason is needed.