Divorce Preparation: How to Protect Yourself

Cate Palmer - 31 Oct 17

Even though marriage is supposed to be for life, some of the most recent surveys cast a shadow of doubt on this ages-old concept. According to the latest statistics, the divorce rate in us is currently 53 percent, while in Belgium, this figure goes at about 70 percent. This is why it is much better to be safe than sorry and always prepare for the worse. With this in mind, if you already set your mind towards ending your marriage, there are a few steps of precaution you might want to take. Here are some of them.

Start separating your non-marital assets

The first thing you need to do is separate your marital from non-marital assets. For this, however, you must first learn what non-marital assets are in the first place. Here, we are talking about items that were brought to the marriage by each party but not only that. Gifts that were given specifically to one person qualify as well, same as inheritances and proceeds from personal injury. Even though the description might seem quite obvious, you would be surprised just how often some of these assets get claimed by the other party. This is why you need to gather their history and save any documents that can back you up.

Keep track of your financial records

Another issue brought to our attention by experts behind Withstand Lawyers is the importance of tracking one’s financial records. A lot of married couples have both joint and separate accounts and it is vital that you keep track on all of them. Remember that it is easy for funds to just disappear from joint accounts, which might further complicate the issue of deciding what belongs to who. It is also a good idea to start your own credit history in time, due to the fact that you can never know when you may need such a thing.

Avoid entering new relationships

While committing adultery is an obvious problem for your future divorce prospects, what a lot of people don’t know is that even if you and your partner are currently separated, you probably shouldn’t start dating until you are officially divorced. Not only will this cause a wide array of legal reasons (seeing as how you are still legally married) but it can also infuriate the other party, therefore making a future settlement much more unlikely. Aside from this, your new significant other might find themselves in the middle of a difficult situation, which will make your relationship much more unlikely to succeed.

Close joint accounts

One particular oversight that can cost you dearly is forgetting to close joint accounts and cancel joint credit cards. Of course, you might still trust your soon-to-be ex but the divorce is a difficult emotional period where people have been known to act irrationally. This is why it is usually much better to be safe than sorry and close or simply freeze the accounts until the matters are settled.

Think about the children

Last, but beyond doubt, the most important issue here is the one regarding the custody of children. First of all, you need to keep in mind that moving too soon might look bad in court and therefore harm your chances of custody quite a bit. Keep in mind, though, that marital friction caused this way may create an unhealthy environment for children. This should always be your number one concern. Furthermore, you need to make it clear from the very start that you won’t just going to back out and leave, seeing as how you have the same rights for custody as your spouse. 

Even though there are some who hate to think about the worst case scenario while things are still relatively normal, keep in mind that you might not get the chance to prepare yourself once things go south. Therefore, it is much better to have an exit strategy and never use it, than to lack one when you need it the most.

Cate Palmer

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