Page 35 - Federation Magazine December 2017 / January 2018

Things to think about if

you are considering a

divorce in the new year

By Hannah Cornish, senior been no particular reason for the breakdown achieved a 14 per cent share of his pension
associate in family law at of the marriage. Some people think that 13 years ago but had an argument for an
Slater and Gordon there has to have been an affair or particular increased share of some 32 per cent 13 years
incident to be able to start a divorce straight later.
anuary is a time for away, but this isn’t the case. What about the children?
making resolutions. It If you have felt unsupported by your If you have children, you will need to try to
Jmight be deciding it’s spouse or feel that the two of you no longer agree an arrangement for them with your
time to kick a bad habit or make the effort to spend time together spouse if you separate. The court is
get fit. But sometimes the around your shifts etc, you could rely on this concerned with arrangements which are in a
beginning of a new year will be a point when to prove to a court that the marriage is over. child’s welfare. Parents are encouraged to
you consider a change that will have a big When should I make the decision? agree a routine of care which is in a child’s
impact on your life. What if that change is If you have decided that you do want to go best interests.
ending your marriage? Here are a few things ahead with a divorce, we generally advise You may find it difficult to reach an
to think about if divorce is on your mind in that you speak to a family lawyer sooner agreement with your spouse or perhaps
the new year. rather than later to ensure you are as your complicated shift pattern is making it
Is it really over? informed as possible. Often the first difficult to set out a regular routine. If this is
If you decide to go ahead with a divorce, you question we are asked is how an officer can the case, then you should seek legal advice
need to be sure that there is definitely no try to protect their police pension and taking and a referral to mediation can be
chance that the marriage can be saved. action at the earliest opportunity can be very considered.
The Christmas period can be both a important. If you would like specialist advice from a
joyful and difficult time of year. It may have A spouse has a claim to an ex-partner’s family lawyer then please contact Slater and
been challenging for you if you have been on income, capital and pensions on divorce and Gordon on 0808 175 7710 and we’ll be
duty and this has caused a strain between these will be based on their financial happy to help.
you and your spouse. situation at the time of divorce and not
A tough Christmas does not have to spell necessarily at the time of separation.
the end of a marriage and you and your Your spouse is likely to be successful in
spouse may be able to work through this claiming against the value of your pension at
together or with the support of family and the time of divorce rather than its value at
friends or counselling services such as the time of your separation, i.e. a claim to
Relate. more of your pension. For example, we acted
When can I get a divorce? for an officer who separated from his wife
Some people assume that they will not be but waited 13 years before dealing with his
able to divorce immediately as there has finances on separation. His wife might have

www.westmidspolfed.com federation December 2017/January 2018 35