Monthly archives: June 2024

Dividing up marital possessions often causes significant problems and is frequently addressed at the end of the divorce case, after the financial and children’s issues have been settled. This is an emotional subject, and for obvious reasons, solicitors often have great difficulty in keeping it under control. The process can be both time consuming and costly if not handled properly.

Common Challenges in Dividing Possessions

Dividing up marital possessions often causes significant problems and is frequently addressed at the end of the divorce case, after the financial and children’s issues have been settled. This is an emotional subject, and for obvious reasons, solicitors often have great difficulty in keeping it under control. The process can be both time-consuming and costly if not handled properly. Many people spend thousands of pounds arguing endlessly over items that have little monetary value but hold significant emotional attachment. This can lead to unnecessary legal expense to determine ownership disputes, which further strain both parties financially and emotionally.

A Constructive Approach to Dividing Possessions

To avoid prolonged disputes, here’s a step-by-step guide to one constructive approach:

• Categorise Items: Create separate schedules for different categories of items, such as kitchen items, furniture, artworks, sound and music equipment, etc.
• Assign Values: Agree on the value of each item listed in the schedules. This can be done through mutual agreement or for valuable items, by consulting a professional appraiser.
• Toss a Coin: To decide who picks first, toss a coin. The winner of the coin toss gets to choose the first item from the first schedule.
• Alternate Picks: As compensation for going second, the other party is allowed to choose the next two items. After that, each party alternates in choosing an item until the schedule is exhausted.
• Repeat the Process: Once a schedule is exhausted, move to the next schedule and repeat the coin toss. The winner of the second toss then has the option of taking, if preferred, the second and third items in the new schedule.

Additional Tips for a Smooth Division

• Prioritise Emotional Value: Understand that not all items have the same emotional significance to both parties. Open communication about why an item is important can help facilitate more amicable decisions.
• Hire a Mediator: If the process becomes too contentious, consider hiring a neutral mediator. Mediators specialise in helping couples reach mutually acceptable agreements without the high costs of arbitration or court.
• Document Everything: Keep detailed records of all possessions and their agreed values. This documentation can prevent future disputes and serve as a reference if disagreements should arise.
• Be Willing to Compromise: Both parties should be prepared to compromise. Holding on to minor items can lead to unnecessary stress and legal expenses. Focus on the bigger picture.
• Consider Future Needs: Take account of the future needs of both parties. For example, if one person is keeping the family home, they may also need the items that go with it, such as appliances and furniture.

Legal Considerations

• Prenuptial Agreements: If a prenuptial agreement exists, review its terms regarding the division of possessions. This document can determine how assets are allocated.
• Tax Implications: Consider the tax implications of dividing certain assets. For instance, selling a valuable item to divide proceeds might have tax consequences that need to be addressed.

Dividing possessions during a divorce is undoubtedly challenging, but with careful planning, clear communication, and a willingness to compromise, it can be managed effectively.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.