Uncontested Divorce for Couple Disagreeing over Money

• Applicant: Mr. Liu
• Service: Marriage Settlement Agreement
• Time: 1 month
• Challenges:
  • Both parties wanted a quick settlement, but could not agree on the splitting the money
  • There were three children to consider
  • Clients were arguing over child support
  • Clients were highly emotional, as expected in divorce proceedings

BACKGROUND

Divorce litigation can be among the most stressful, emotional times of any person’s life. Feelings run rightfully high. Two people who thought they were going to spend their life together now suddenly have to break it apart, and that can easily lead to bickering and fighting among the two parties. Most of the time, a divorce fight will end up in court. Divorce litigation, on top of being stressful, is costly and takes a long, long time even if both parties are willing participants.

Mr. and Ms. Liu, found themselves headed toward litigation even though both parties had agreed to trying to settle their divorce quickly. They had had three children together, and they did not want any animosity towards one another for the sake of the children. They just wanted a clean break as possible. However, the main sticking point was an area that most former couples have trouble agreeing on, the division of property and child support. Money and wealth always cause trouble in divorce cases, and the Liu’s were no different. However, instead of both parties having to hire their own lawyers and fighting the case out in court, Mr. Liu first walked into our office just to see if there was anything we could do before they went down the path of no return. He didn’t really expect us to be able to do much and only came to us because we were in his neighborhood, but we were able to surprise him by offering a different option to divorce litigation

KEYS TO SUCCESS

Our office has become accustomed to handling marriage settlement agreements through our handling of numerous settlements in the past. The first few instances were done as favors to very loyal clients or friends and family, however our leading attorney, Joseph Tsang, quickly discovered that he had a talent for mediation, one of the most key factors in bringing together a marriage settlement agreement.

Either or both of them had the right to go find their own attorney and go through litigation, but if their true goal was a quick and fair agreement, they had the option of trying for a marriage settlement agreement. While it would have been easy for either Mr. or Mrs. Liu to get upset or angry, Joseph navigated the initial meeting by explaining what they would have to go through if they did choose a more traditional divorce path. Multiple lawyers, months upon months of waiting, hearings, counter arguments, and neither side would be guaranteed to come out of the other side happy. If they chose to work with our firm, however, we could guarantee impartial analysis of their situation and a fair outcome for both sides. Also, it would definitely be a faster and cheaper solution than traditional divorce litigation. Divorce litigation is a nasty, long process and can be just as hurtful emotionally as the initial period of fallout in the relationship. Presented with the stark reality of what they were facing, the Liu’s chose to work with our firm and to try a marriage settlement agreement. In just two hours, they went from resigned to the fate of going through divorce litigation to happy that they would get a quick and easy solution to the difficult situation facing them

Our firm would work on both of their behalf, we would analyze what was a fair-to-both-parties agreement regarding the splitting of property and we could help them determine what was a fair level of child support. To do this, we had both parties fill out paperwork detailing important property, income levels, saving accounts, and so forth. When we received that paperwork back from both parties, we were able to determine what would be a fair amount for Ms. Liu to pay Mr. Liu, as Mr. Liu would be the one taking care of their children. We also outlined when and if it would be appropriate for Ms. Liu to stop paying child support to Mr. Liu, like the event of Mr. Liu getting remarried. We were also easily able to fairly divide up their property. Because they were using professional attorneys to handle the case, the Liu’s were guaranteed to have everything covered, from exact payment dates to possible future clauses.

OUTCOME

We drafted a marriage settlement agreement for review by both parties. We were able to explain to both sides why he had chosen to divide up their assets the way we did, and how we came to calculate the final number in terms of child support payments. We also explained all the future options available to them if their situations ever changed. Both sides were extremely happy with the fairness and the quick solution to their divorce, and are now waiting for the mandatory legal waiting period regarding the finalization of their divorce.

*Name has been changed for client privacy.