Tuesday, June 12, 2018

How To Arrange Divorce Financing

By Susan Ward


Being divorced is no longer a social outrage. In fact, statistics show that marriages are dissolved at an ever increasing rate. Meeting somebody that has been married and divorced several time is also no longer strange phenomenon. However, even though divorces have become so common, they still cause hurt, bitterness and anger. There are many issues that needs consideration before divorces are granted and the entire process can become very traumatic and expensive. In some cases divorcing couples even need to apply for divorce financing.

In the majority of cases both partners will end up much poorer after divorcing. In many cases they have to sell their assets such as their homes and even cars in unfavorable market conditions. Liquidating pension funds, savings and investments can also require high administrative fees and penalties. Then there is the cost of the lawyers, which can be exorbitant. The cost rises even higher in contested cases.

If divorcing couples are reasonable, fair and willing to negotiate in good faith, they can do much to lower the cost of the process. If they can, for example, reach agreement on the division of their assets, custody matters and maintenance issues then they do not need lawyers to negotiate with other lawyers on these matters. Every minute that a lawyer spend on a case is charged. In an uncontested case only one lawyer is necessary.

Contested cases are almost always extremely expensive. In these cases the partners simply cannot agree on key matters and they therefore hire lawyers to negotiate on their behalf. This can be a lengthy process and each partner will have to pay for every minute that the lawyer spends on the case. The cost escalates considerably when the lawyer has to appear in court to ask the judge to make the final decisions.

Many companies and financiers offer special loans specifically meant to pay for the cost of divorces. These loans are processed quickly, but the interest rate may be very high and the payback schedule will be extremely strict. Clients will also have to pay a hefty admin fee and pledge some of their assets to secure the loan. Care should be taken because these loans can cause long term financial difficulties.

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.

Many modern couples actually plan for the cost of future legal problems. To this end they purchase special insurance policies that are designed to pay for legal cost, including the cost of divorces. Other couples try to lessen the financial impact of divorcing by entering into prenuptial agreements that already stipulate the terms of the separation.

Divorces can be financially crippling, but this is not always necessary. All it takes is for both partners to be reasonable and to do everything they can to separate amicably. Unfortunately, not all couples are reasonable and they will have no choice but to pay for the very high price of a contested divorce.




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