Divorce is something which is best avoided as it doesn’t really benefit anyone. But if you have reached a situation where it is necessary to take this step then do so. Before you proceed any further do consider some key elements that may face you ahead. One of the most prominent issues is protecting a divorce order against social assistance debt. Listed below are some useful tips to guide you:
Get a good lawyer
The first thing you need to do is hire a good lawyer. This is absolutely essential when it comes to debt settlement. You must devise a strategy though which you can counter the claims made against you. Talk to your lawyer and tell him everything about your relationship and finances. Do not keep him in the dark over any matters that your opponent may use against you. The lawyer should be experienced and well renowned. Develop an understanding with him so that you can form a team to fight the case. Someone who is good at negotiating will be able to get a better deal for you.
Know the Rules
Having the right knowledge can go a long way to helping you win the case. Research on your own and find out the basic divorce laws. Also ask friends and family for help, they may be able to recommend something. Ask your lawyer to clarify each and every point to you. Don’t just follow instructions blindly. Understand them first before you make a decision.
Analyze your case in detail and know your weaknesses and threats. Make a list of all your financial information. Ask the lawyer to structure your debts. Consider all the worst case scenarios in which you lose and plan a counter action against them. Use all the information you have to your advantage and be willing to put it all on the online to protect yourself.
Look up your accounts and credit history. Check all joint accounts and networks that you have and plan ahead carefully. Some of the accounts are frozen in these cases so learn to manage your finances efficiently. List down all the previous purchases and sales you and your partner have made. This will come in handy when you go to court. Look at insurance policies and their statuses. Check which payments are due and which have already been made.
Other Financial information
In cases of social assistance debt you are inclined to accept a give and take deal. So take precaution when dealing with assets. Ask your attorneys help with regards to this situation. Check property rights statement and past tax returns so that you can calculate the cost of the settlement.
Non Marital Assets
This is another key element that you must consider when seeking protection against social assistance debt. Non marital assets are those that each partner owned before the marriage. This may include property, cars, inheritance and other valuables.
Mortgage and Rent
Payments to landlords have to be made regardless of your personal situation. Same is the case with mortgage. These are compulsory payments that cannot be avoided. Usually partners move from their places during a divorce settlement. With each one likely to make a claim for the house, it is best if you consult with your lawyer. You might have to make half the mortgage payment out of your own pocket. Often on occasions the house is sold as well if an agreement can be reached.
When it comes to safeguarding a divorce order against social assistance debt, you really have to be well prepared. Even the retirement plans could be up for grabs given the complexity of the situation. These funds might fall under mutual property and costs could be split.
If you think that your assets are under threat from your partner or outside parties then get a court order. Get a statement made that allows the protection of your key assets such as liquid investments and brokerage accounts, etc.
Government taxes are something that you are obliged to pay regardless of your personal situation. In cases of divorce both partners divide up and they may have to pay their taxes separately. Talk with your lawyer to find out more information.
These were some of the best strategies that you need to consider when entering a divorce debt settlement case. Plan carefully and you will be able to safeguard your divorce order.
words by: Angelina Jennifer
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