Seven things NOT to do when getting Divorced or breaking up by Suzy Miller

Dec. 2, 2008 - PRLog -- 1   Be careful what you agree to

For example, even if you swear blind you will never marry again, try not to create a financial incentive to stay single.  However, your ex spouse may reasonably want to put a limit on the duration of the spousal support.

My friend E: “I agreed to a maintenance settlement that included my maintenance being subject to me remaining single. As soon as the ink was dry on the divorce papers, my ex-spouse remarried, while I meanwhile, cannot even consider living with someone else unless they are able to support me and my family.  Most wives, based on earning capacity, age of children etc, have to accept a limited period of spousal maintenance (maybe 3 or 5 years) although she MUST stick out for the option to go back to court at that time to have this period extended if necessary.  My advice is to try to secure other things not relevant to whether you stay single or remarry, like equity in the house or a portion of the pension. ”

Expert advice: “If you are a wife, likely to receive periodical payments, make sure that your divorce proceedings are issued in the Principal Registry in London as the judges there do not approve of cohabitation as the trigger to stop periodical payments.”  Elissa Da Costa, Family Finance Barrister

2   Don't accept a poor settlement just to `stay out of court' or `get it all over with'.

The temptation to just end the whole horrible process can mean accepting a settlement that will, when the dust has settled, lead to resentment and a real sense of injustice, which will do nothing to improve the post marital relationship.

My friend FM: “A few years after my divorce I wrote to the legal expert in the Guardian to ask if I could go back to court and change my bad divorce settlement which I had agreed to because I wanted to let go of the past and move on. The consequence of which,  is that my ex-husband now has a large `stake' in the house without any responsibility for paying the mortgage, or maintenance of the property. With two children I am not in a position, only being able to work part time, to buy him out, and I receive only a small amount of money for the kids but nothing for me. I realise now that I should have stood up for myself at the time and insisted on a fairer settlement, which the courts were likely to have backed, and now I have an extra source of grievance with my ex that I could have avoided. The advice printed in the Guardian was that I am stuck with my original settlement.”

Expert advice:  “This is indeed correct and spouses should consider carefully the financial ramifications of certain outcomes.  However, this is not to say that it is always wrong to settle rather than hold out for more money.  Money is not always everything and depending on the reasons for the marital breakdown, the need to get on with life and the emotional fall out from the divorce process, it may be worth taking less and in effect paying for finality and peace of mind.” Elissa Da Costa, Family Finance Barrister

3   Don't agree to a settlement that is not linked to inflation by a pre-agreed formula

Even though my good friend JT agreed a maintenance arrangement with his ex-wife that was index-linked to inflation, poor drafting by both parties' barristers meant that what is meant to be an annual increase was able to be asserted just 12 weeks into the agreement. Further dispute erupted consequent to there being several different ways to make the fiscal calculation.

My friend JT: "What this means is that despite the decree absolute being long past, financial wrangles, which would be costly and threaten to lead us straight back into court, continue to blight my life.  I would recommend that a clear formula of how to evaluate any future maintenance adjustments be defined as part of the divorce settlement, and agreement also on when it can be imposed. Otherwise, it feels like the divorce is never over and the healing cannot begin."


4   Don't go on dating sites until you have finished being angry with your ex

Online dating sites are better used to widen your social circle where such personal descriptions become irrelevant, rather than looking for a new partner when you are still suffering low self esteem and fear of further rejection.

My friend FS: “When I split up from my long term partner I was in a vulnerable place of no self confidence with relationships and feeling very needy.  The last thing I needed was to meet other people in the same place!  Later on I did online dating and had fun meeting new people, but made sure they were ready to meet me!”

5   Don't think ex-partners have to hate each other

Yes, you may go through stages where that is how you feel, but hang onto a belief that people who once loved each other and were friends, can have a harmonious post break up relationship.

My friend S:  “You can be angry with someone and with yourself but that is not an excuse to behave badly to someone that you need to maintain a long term relationship with because of the children.”

Expert advice: “Something I have found really helpful to process the pain and anger is a goodbye process – it can help the movement to the more optimistic ‘starting over’ phase.  It is great if it can be done with the ex partner but if that not possible then with the help of a therapist - or alone.”  Julia Armstrong, coach, author and therapist


6   Don't pretend you're not angry

Break ups involve anger and pain, and you need to find ways to release those emotions in a healthy way.  

My friend J:  “When complaining about my ex I learnt to say “I feel...” and then express my feelings without needing to blame anyone in the process.  So I'd say what I feel, then listen (that's important) to what they say back.  If they started ranting or trying to lay blame on me, I stopped communications for a while till they got the message. There are counsellors who can guide you through `break up' without venting all your anger on each other in the process.”

7   Never Never Never slag off your ex-partner in front of the children

If you see anyone else doing that – stop them.  This will cause unbelievable harm to the kids, even very young ones, who already feel confused and guilty (sorry, but they do, whatever you may tell them) that their parents are separating.

My friend SW: “Do you know that children call `Childline' so that they can have someone to talk to about their parents' break up, because they don't want to talk directly to their parents in case they upset them?  They protect us without us realising, so even if we say “I'm really angry about what is happening to my life” by not being derogatory or unkind about someone whom the child loves,  that is going to make it easier for the children to safely express their own feelings about how they feel about the break up.”

To meet professionals face to face who can mentor and advise anyone going through divorce or relationship break up, they can come to the Starting Over Show in Brighton on Sunday 15 March 2009 at the Barcelo Old Ship Hotel.

To find out more and to buy tickets for the Starting Over Show go to: http://www.startingovershow.co.uk, or visit the SOS Village resource site at
www.sos-village.org.

Suzy Miller (featured in September 08 Eve Magazine) is the creator of the Starting Over Show, an event designed to give people going through relationship breakdowns access to a wide range of resources and specialists who can help them break up without breaking down.  The SOS event takes place at the Barcelo Old Ship Hotel in Brighton on 15 March 2009 and will include a workshop with Divorce Doctor Francine Kaye and a talk by Daily Mail columnist Anna Pasternak (Daisy Dooley Does Divorce)

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Contacts: Suzy Miller 07825 222 404 suzy@startingovershow.co.uk
Featured in Sept 08 issue of Eve Magazine
Fay MacDonald, Diosa Media 01273 227 386 / 07880 896 131  fay@diosamedia.com

High quality photos/images and case studies are available on request

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The first UK divorce fair, the Starting Over Show will debut in Brighton 2009 and go onto help people move forward from life changing experiences, including divorce, relationship breakup, bereavement, redundancy and early retirement.