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You are here: Home >> News Section >> How to cope with Marital Breakdown in a Recession |
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| Top Tips: How to cope with Marital Breakdown in a Recession |
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| Reprinted from www.youandyourmoney.ie | | | With most of us focusing on retaining our jobs and keeping our businesses afloat in the downturn, those looking to end a relationship during this recession have additional financial and emotional concerns.
Marriage breakdown is one of the most traumatic events in a person’s life and rated second highest given the levels of stress involved.
Aside from the emotional trauma, from a legal and financial perspective the possible repercussions may be enough for some couples to resist resolving the situation at all.
However, a relationship that is no longer tenable cannot be ignored and there are options for people that don’t necessarily have to involve costly divorce cases. | | | | | | Rules of engagement |
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Firstly, do not act on impulse. Although you maybe very frustrated with your partner and the situation, carefully consider your actions. It is not advisable to make sudden and abrupt changes to your and your family’s situation, so do not leave the family home; do continue to pay the mortgage and household bills; do not involve the children in your personal dispute; and do not rush into court.
A relationship breaking down can be very complicated and the formal ending of a partnership is not something most people have much experience of or training in. It is therefore very important that you seek advice and talk to an experienced family law lawyer. Remember when seeking advice to check for referrals by word of mouth or by asking relatives and friends and check the internet for website referrals to family law solicitors who are specialised in the area. These websites should be able to provide you with a good insight into the areas of family law in which they specialise. |
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| Alternative options |
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There are alternatives to going to Court and depending on your situation, there may be other options to consider.
Direct agreement: There is a possibility that both you and your partner can agree terms for the separation such as finances, the family home, access, custody arrangements. If you can agree these terms, you can furnish to your solicitor the agreed terms and ask that solicitor to draw up on your behalf a legal document called a Deed of Separation.
Mediation: This is a service offered by the Family Support Agency to couples who are separating to assist them in coming to an agreement regarding their separation. This service is free. Many family law solicitors have been trained as mediators to assist parties reach agreement.
Collaborative law: In this situation the husband and wife retain their own trained collaborative lawyer to advise and assist in negotiating an agreement. All negotiations take place in four-way settlement meetings that both husband and wife and their lawyers attend. The ultimate aim is to avoid the use of court in family law cases. |
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| Money matters |
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| When engaging the services of a legal professional, agree and discuss costs with them as you would with any other professional or supplier of services. Don’t be afraid to be up front and ask for the costs, as this will help you better manage the process. When considering legal costs, ask the following: |
 | Would they accept payment by instalments? |
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| Would they offer interim billing? |
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| What is their rate per hour? |
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| Is legal aid an option? The legal aid operates its law centres around the country. Those with a disposable income of less than E18,000 may qualify for legal aid. |
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| Remember the legal profession has also been hit by the downturn in the economy, so don’t be afraid to ask them if they can reduce their costs. Also, shop around as smaller firms may offer better value for money. |
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| Moral support |
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| Try looking at alternative means to meet each other’s financial needs and to make assets and earnings work better for you. It might be possible to consider sub-dividing the family home; come to an arrangement re joint childcare to save the costs of childcare; or take in lodgers to assist in paying the mortgage. But whatever you do, don’t forget to look after yourself or ask for help to alleviate the inevitable stress involved. Don’t be too proud to enlist the support of friends and family and also, your family law solicitor is there to take some of the stress from you too. Remember, there is a process to be worked through and you will come out at the other end. |
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| Marion Campbell is a qualified solicitor specialising in family law and founder of MC Solicitors. Marion can be contacted at (01) 475 9345 or visit www.mcsolicitors.ie for more information. |
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 For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
