How To Avoid The Need For Divorce Financing

By Sandra Hamilton


When marriages break up there are always a lot of negative emotions involved. There is a myriad of decisions to make and many couples find this process extremely stressful. Unfortunately, divorcing is not cheap and couples set on separating will have to figure out a way of paying for the process. This can easily be a very substantial amount. If they do not have the resources to pay the costs of divorcing, then they will have to consider their options for obtaining divorce financing.

Divorces often leave both partners in precarious financial positions. The distribution and liquidation of their assets will cost money. If there are children involved they may need costly psychological counselling. Of course, the legal costs must also be paid. These costs can easily become astronomically high. Lawyers charge for every second that they spend on a case and much more for court appearances.

There is some good news, however. Much can be done to restrict the expense of the process. If couples are reasonable and agree on most issues between themselves they will not spend as much time with the lawyers. This can result in significant savings. Hiring one lawyer instead of one for each partner can also cut the fees in half but then both partners must make an effort to accommodate each other.

Contested divorces are often spectacularly expensive because the couple simply cannot come to agreement on important issues. In such cases expert witnesses, which are very expensive, may be needed. The case can take up a lot of tie in the court and each day in court result in very steep legal costs. The best route is to agree to an uncontested divorce. Only one lawyer needs to be paid and he will not spend a lot of time on the case.

If there do not seem to be any alternatives, divorcing couples can apply for a special loan. Many institutions specialize in loans meant for paying the cost of divorcing. These loans are expensive, however, and it is not uncommon to pay a commission of up to fifteen percent of the loan amount. Such loans should be seen as a last resort because they can easily plunge both partners in serious long term debt.

Many divorces become more complicated because the two partners cannot agree on the way in which their assets should be shared. If there is no money to pay for the process, it may be best to sell an asset rather than apply for a loan. Selling a asset does not involve protracted ongoing payments and high interest fees. It is often also possible to quickly liquidate investments and even pension funds in order to raise cash.

Many newly married couples purchase special insurance policies that specifically make provision for the cost of legal services in the future. To many this may sound like callous planning for a certain future divorce. This is not necessarily the case, because such policies can also be important if the couple encounter other types of legal problems. It may be a good idea to approach a financial advisor in this regard.

Getting divorced can indeed be expensive, but it need not cost a fortune. The secret lies in adopting a reasonable attitude, to communicate with each other and to make as many decisions in private as is possible. This will cut the time spend in the presence of a professional and will subsequently lower the final cost.




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