With divorces set to rise as the credit crunch puts an extra strain on couples, divorce lawyer Suzanne Kingston, Head of the Family Department at Dawsons Solicitors, offers her "Top 10 Tips for Credit Crunch Divorce":

One

Consider alternative dispute resolution as a means to avoid costly litigation during difficult economic times.

Two

Be alive to bankruptcy issues when finalising agreements (cf. Hill-v-Haynes).

Three

Valuing assets is increasingly difficult in the economic climate. When considering property valuations, businesses, stocks and shares, think about when a line in the sand may need to be drawn regarding the date of the valuation.

Four

 Issues such as redundancy/loss in bonuses/reduced income may result in the stronger economic partner applying to vary maintenance to his/her partner.

Five

The effect of the Barder case – if a lump sum order has been awarded which results in a higher percentage of the asset base being settled over what was originally intended, it could potentially now be argued that the credit crunch is a “supervening event” and that this lump sum should be set aside and a new sum considered.

Six

The economic downturn could, in certain cases, result in an increase in divorce rates – money, or rather lack of it, is one of the main causes of marital strife. In addition, there may be a feeling amongst the stronger economic parties that this is a good time to divorce since values are lower.

Seven

On the other hand, some couples may see this as a short-term situation only, and sit tight until they can “afford” to divorce.

Eight

The current climate may make it less straightforward to consider the standard of living argument and formulate budgets based on reduced resources.

Nine

The economic situation may encourage take-up of prenuptial agreements, particularly in the wake of the Crossley case. Pre-nups could offer greater certainty in distinctly uncertain times.

Ten

 At a time when you may be tightening the purse strings, ensure that you shop around for the right divorce lawyer for you.

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Click here to read "Divorce to rise as property prices fall"

"It's D-day for divorce lawyers as married couples feel the strain of a credit crunch christmas"

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