Everyone knows that divorce is one of the most emotionally draining experiences in life. There are people who feel they have no choice but to end their marriage. If they want to go on living with some semblance of sanity.
The reasons can range from irreconcilable differences between the couple to deciding that they want to go in separate ways. However, some people may file for divorce but still hang on to their respective partners out of guilt or fear of society’s judgment.
The big question is whether this is a good idea. When you decide to hang on to your partner, for whatever reason, can it be consider as unfair towards the other spouse?
Divorce proceedings can get really ugly. Dragging them out only leads to bitterness and anger among couples who probably never imagined they would ever be in such a situation.
If you are someone who’s just filing for divorce and wondering whether it would be unfair to hang on to your spouse, attorneys in Knoxville, TN, can help you get an answer.
Let’s take a look and understand what unfair divorce settlement really means.
What is ‘Unfair’ Divorce Settlement?
The word unfair can be subjective and depends on the situation you find yourself in. To ensure that your divorce settlement is not consider unfair, you need to have a deep understanding of how the court views your situation.
Let’s put it simply; an unfair divorce settlement is one where the court feels that you are taking advantage of your spouse because you have more power, money, or influence. It is subjective, and it’s up to the judge to decide whether you’re being unfair or not.
In simpler terms, you cannot be consider guilty of unfair divorce settlement unless the court points out that it is so.
An example of an unfair divorce settlement would be where one spouse has a lot more money and assets than the other. And he/she trying to prolong the proceedings so that the poorer spouse cannot get a share. In this type of case, the judge may decide that the divorce proceedings be over soon and divide the assets as required by law.
What should you do if an unfair divorce settlement is being demanded?
Often, spouses who have been blame for unfair divorce settlement manage to come to a settlement agreement with the spouse who accused them. They come to a mutual understanding. Yet, if this doesn’t work out and you are still being accused of the unfair divorce settlement, you need to hire an attorney.
A proficient family law attorney can help you fight the case and seek the most suitable compromise for your situation. It is prime to keep in mind that unfair divorce settlement only means one spouse is taking advantage of the other and does not necessarily mean that the spouse asking for a divorce is in the right.
Factors that affect your divorce settlement
The following factors usually influence a court’s decision to consider a divorce settlement unfair.
Age of the spouses: If one spouse is much older than the other, it may be considered unfair.
The length of the marriage: If you have been married for 20 years or more and your spouse suddenly decides to abandon the marriage, divorce proceedings will likely take longer.
Fault in the divorce: If there is any fault attributed to either spouse while asking for a divorce, it’s likely that the judge will take a very negative view of the spouse asking for a divorce.
The economic status of both spouses: If one spouse is much wealthier than the other and has abandoned his or her poorer spouse, the chances are that the court may consider such a move unfair.
Family connections: If one spouse has very influential friends and family members, the court will be more likely to negatively view the unfair divorce settlement.
Children from the marriage – If there are children involved in the marriage, it’s much harder for a judge to consider a divorce settlement unfair.
Before proceeding with a divorce petition, it’s advisable for spouses to first reach an understanding with each other and then file the case. So make a note and prepare for your meeting with divorce attorney Knoxville TN in the beginning before filing a petition for divorce.
How to challenge an unfair divorce settlement?
For many years, people have wondered what legal options are available to them when negotiating for a settlement has failed. Fortunately, new legislation (The Family Law Act, 1995) has departed.
Unfair divorce settlement: What are your options?
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Apply to the court for an assessment of your financial entitlement. It should be under the terms of your pre-marriage contract or marriage agreement.
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Apply to the court for an assessment of a lump sum payment on or after the breakdown of your marriage.
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Register to the court for an order that particular items need to split between you.
2. Assessment of entitlement under a pre-marriage contract
You and your spouse had a pre-marriage contract or marriage agreement that set out the financial arrangements that would apply if your marriage broke down.
If you and your spouse cannot agree on what should happen under the agreement terms, one of you can make an application to the court in Knoxville; the divorce attorney will help you with the terms of your agreement to be enforced.
The court is constrain under the Family Law Act to consider whether your agreement is ‘just and equitable in all the circumstances.
If the court decides that your agreement is just and equitable, it will enforce the terms of your agreement. If this happens, you will be bound by the terms of your agreement and cannot make any further claims for financial support from your wife or her estate.
3. Assessment of items rather than money
If you or your wife want some particular items of property or an interest in property to split between you. Then one of you can make an application to a court for these items.
These new laws give the courts more flexibility about how they divide up matrimonial property.
If, for example, your wife has bought a luxury car during the marriage, which she wants to keep after divorce. Then, the court will not necessarily make an order for you to pay her a lump sum in return for the car.
The Family Law Act provides that when deciding how to divide property, the court must consider:
- A contribution made by each spouse towards the achievement of a common goal.
- The other spouse’s contributions enhanced the extent to which each spouse’s earning capacity.
The court must also consider any contribution made by either spouse. Also when looking after the home or caring for children, but this is only relevant if one of you has shown an interest in the family home.
Conclusion
