The often forgotten things to do when your relationship breaks down
When relationships break down and it’s time to go your separate ways, if there are children or property involved you’ll need to put the emotions aside and deal with some important practicalities. Your Will, Power of Attorney and home ownership all need swift action and you’ll need someone with a clear head to help.
Family lawyer, Roger Gurney and Sallyann Short, from Wills, Trusts and Probate are the team at Hunt & Coombs in Peterborough who aim to help you through an often turbulent time by offering a joint initial meeting.
As Roger explains, he and Sallyann work closely together to help ease you through the divorce, dealing with issues and becoming your team of trusted advisors.
“The first crossover in our roles is severing the joint tenancy of your property or properties and as a consequence of the breakdown of the marriage now need to own the property as tenants in common.”
“The second is then a need to make a Will so that once the joint tenancy has been severed the client’s half can be left in accordance with the terms of his or her Will.
“I will advise fully on divorce and separation and how the future finances might be dealt with, and Sallyann will advise on ownership of jointly owned property and how the arrangements might change, and on making a Will.”
Sallyann says both of their fields are concerned with protecting families, individuals and their assets.
“We aim to minimise upset with an eye to the future and to avoid any potential problems. To achieve this it is important that the relevant advisers are in communication and working towards a common goal – this being achieving the best for our clients by addressing their needs and requirements.”
A divorce is a highly emotional time – but together they aim to support couples going through this difficult process with care and expert guidance.
“We listen, guide and advise,” says Sallyann. “Advice should be practical, relevant and helpful. We lay out options available and recommend the best approach.
“To make an informed decision you need to understand the legal position, without coherent and combined advice on both aspects, you cannot. Our clients often say – ‘I did not realise that is what would happen’. It is necessary to look at the whole position and understand the consequence of doing something or not doing something. Protect yourself, your family and your assets in the best possible way.”
Aside from the actual separation there are several matters that need to be considered once you’ve decided to part.
Should you need help in your lifetime, who can legally step in? Most couples don’t want this to be the person that they’re separating from. This is the time to arrange for a Lasting Power of Attorney to be put in place so that the people that you would turn to for help are the ones who can legally step in.
If you die – who inherits? Sallyann says it’s vital a Will is made leaving your assets to whom you wish.
“Without a Will, if you are still married then the spouse will automatically inherit – this could be your entire estate or a share depending on whether you have children. Advice should be taken to understand the legal position fully. Assets that are jointly owned pass by survivorship outside of your Will – one of the first things that we consider is how you own your home and if we need to change it to ensure that your spouse does not automatically inherit your half of it.”
Future finances and child arrangements must be looked into straight away but Roger says both a Will and Lasting Powers of Attorney are equally important.
How we can help
For further information and to book a joint appointment, please contact Roger Gurney in the Family team and Sallyann Short in the Wills, Trusts and Probate team on 01733 882800 or [email protected].
Roger Gurney, Partner and Sallyann Short, Partner
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