Divorce Financing Should Be The Last Resort

By Susan Ward


The days when divorcing was an almost sure cause for becoming a social outcast are long gone. These days divorces are commonplace and single parent families have become a normal phenomenon. Unfortunately, when a marriage breaks up it is not simply a matter of separating. There are numerous decisions to be made and the process can easily become very expensive. In many instances one or both partners simply cannot afford the process and are therefore forced to seek divorce financing.

Even very wealthy couples will find that divorcing generally leaves them much poorer than before. In most cases it will be necessary to hire expensive lawyers that charges by the minute. Time spent in court can be horrendously expensive. It is also often necessary to liquidate assets and this can involve steep penalties and service fees, especially when market conditions are not ideal.

There is a lot that divorcing couples can do to lessen the financial impact of separating. In uncontested divorced, the partners involved can privately reach agreement on most issues such as custody, maintenance and the way in which their assets will be divided. This can only be achieved if both partners are reasonable and willing to give and take. In such cases the only task of the lawyer is to draw up the final agreement.

It is mostly hotly contested divorces that become prohibitively expensive. If the partners are spiteful, angry or vindictive the negotiating between the lawyers may take a long time, resulting in very high fees. These fees rise dramatically the moment the lawyers set foot in court. There is also the added disadvantage of contested divorces being open to public scrutiny and neither of the partners are entitled to any privacy.

Couples that find that they do not have the money necessary to finance their divorces may have to resort to applying for loans specially meant for this purpose. There are numerous financiers that will finance divorces, but they charge hefty service fees and their terms and conditions can be very strict. In fact, such financing can easily leave both partners financially crippled.

Financial experts agree that it is better to sell joint assets in order to finance divorces than to use borrowed money. By borrowing money from a pension fund, for example, better rates can be obtained and the payback terms will be more reasonable. Other assets that will be divided between the two partners can also be sold in order to raise the money necessary to pay for divorces.

There is a trend among newly married couples to purchase special insurance that specifically caters for future legal costs. Critics say these couple actively plan for divorce but this is not the case. It is true that these policies will pay for the cost of divorces, but they are primarily meant for a wide variety of legal issues that may face families from time to time.

Divorcing can certainly be a traumatic and emotional experience. Sensible couples will realize, however, that there is no need to cripple both partners financially in the process. Much money can be saved by negotiating in good faith and by being reasonable. A therapist can help couples overcome their negative feelings and to act sensibly.




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