When the spouses have signed a separation agreement that has resolved all issues such as custody, access, support and property division, and they now both want to be divorced, then one of the spouses can commence an application for divorce that consists of a request for a divorce only. One spouse has it served on the other spouse. If the other spouse agrees to a divorce, then he or she may choose not to contest the application for divorce. That is why it is called an uncontested divorce.

The old adage “a dollar save is a dollar earned” leads to the real question of how to minimize the financial cost of a divorce.

Here are 2 simple tips:

1) Prove it. You can’t deduct what you can’t prove. This applies to all assets that you owned when you got married and any assets that you accumulated from gifts and inheritances during marriage. You also will need to prove any debts that you have at separation if you want to deduct them. If you can’t prove the assets you owned at marriage, any assets from gifts and inheritances during marriage and any debts existing at separation, you will be parting with much more of your money at separation. Conversely, you need to uncover and prove your spouse’s debts at marriage and assets at separation. These figures too will either increase what your spouse pays you or what you collect from your spouse. So in conclusion, keep good records. This includes all of your tax returns and monthly bank, investment and credit card statements. A home video of your possessions at marriage can be very useful.

2) Be informed. Education is power and power is valuable. Meet with a Family lawyer to know your rights and obligations resulting from cohabitation, marriage, children, death and divorce. Each event will trigger a different set of rights and obligations.

The unforeseen financial consequences of divorce can be avoided or diminished with knowledge and planning.

No. Child support is to provide the children with food, clothing, shelter and the necessities of life. It is not appropriate to deprive children of this because the other parent has acted unreasonably. There are other remedies available such as a change in custody or access, or a motion to find the other parent in contempt.