A divorce will always be a stressful, upsetting, and draining process to go through, but it is made much worse if you are facing an unfair divorce settlement. The divorce settlement is a key area as this is the foundation of your new life, so it is vital that you are able to receive a settlement that is fair and will set you up for your next chapter. Here is what you can do if you believe that you are facing an unfair settlement.
Understand Grounds for Challenging a Settlement
First, you should understand the grounds for challenging a divorce settlement. There are a few valid reasons why you can contest a settlement, including nondisclosure of assets, coercion, and a significant change in circumstances. It is important to recognise these grounds before proceeding, so be sure to consider if your partner has hidden assets, has persuaded you into something you are not happy with, or there has been a change in yours or their circumstances that is not reflected in the settlement.
Seek Legal Advice
The best thing you can do if you believe your settlement is unfair is to consult experienced family law solicitors. They will be able to assess the fairness of the settlement and provide guidance on the best course of action. Divorce settlements can be complex, and every scenario is unique, so they will be able to provide advice based on your situation and help you get what you are entitled to.
Explore Mediation & Alternative Dispute Resolution
Everyone wants to avoid going to court if possible, which is why you should explore alternative dispute resolution (ADR) methods like mediation and arbitration. These methods can be less adversarial and are more cost-effective than court proceedings. Hopefully, this will help you solve disputes amicably while saving money.
Prepare for Court Proceedings
If ADR fails and you need to go to court, preparation is key. Therefore, you should research the legal process, gather necessary documentation, and be aware of the potential costs and timeframes. As before, having expert legal support in your corner can make all the difference in these situations.
Consider the Impact of Recent Legal Developments
Divorce law is constantly changing in the UK, so it is important to stay aware of developments that could impact your case. In recent times, this has included the introduction of the no-fault divorce under the Divorce, Dissolution, & Separation Act 2020, which removes the need to assign blame, which can simplify many people’s divorce.
If you believe that you are facing an unfair divorce settlement, it is important to take action, as this will have a significant impact on your new life. The advice in this post should help you find an effective way to challenge the settlement, get something that is fair, and lay the foundation for the next chapter.
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