One effect of marriage breakdown, or the decision by a married couple to separate, is that family finances must be rearranged, often so that two households can be managed with the income and assets that formerly supported only one.

Rearranging a family's finances is a difficult task, and often made worse by the way such finances were set up prior to the breakdown or separation.

Emotional strain often clouds the issues, and sometimes causes one spouse to take steps that place the other spouse and the rest of the family in immediate financial difficulty.

The classic case involves one spouse finding out too late that a bank account held jointly has been cleared out without their knowledge.

Spouses must remember that if their spouse -- or their children -- is dependent upon them for financial support, the law prohibits them from unreasonably depriving their dependents of that support.

Should your spouse clear out a joint account, his or her conduct may be held against them in court proceedings held to divide the income and assets of the family, and to provide for the children of the marriage.

In such a situation, the court may order that a larger share of income or assets be awarded to you than otherwise would have been the case.

For this reason, it is always best, to check with your lawyer before making any changes to the family finances that may seriously prejudice the financial position of your spouse or children.

Such problems may be avoided if you and your spouse set up separate bank accounts. That way, you both have access to the resources needed to financially survive a marriage break-up.

As with joint accounts, joint debts can cause problems upon the break-up of a marriage.

If you have joint credit cards or other joint debts with your spouse, you may be held liable for the debt even if your spouse is the person who incurred the debt.

Consequently, it may be advisable to separate any debts held jointly. The creditor will usually have to consent to any such changes.

A spouse who intentionally runs up a debt for which both spouses are responsible faces the prospect of such conduct being held against them in court proceedings.

If you suspect that your spouse is taking steps to put you into financial difficulty - for example, by not making the mortgage or rental payments, or otherwise acting irresponsibly - see a lawyer immediately.

A lawyer can help you to negotiate with the mortgage company, bank or landlord -- or even to take court proceedings.

Similarly, if you suspect that your spouse is disposing of income or assets -- or hiding the same - the court may be able to put a stop to such behaviour provided there are sufficient grounds to do so. In such cases, you must proceed to court very quickly in order to be effective.

Finally, it always helps if you keep yourself informed about family finances before your marriage breaks up. That way, you are not scrambling to get information about accounts, investments, and any other assets or liabilities, after relations between you and your spouse have broken down.

It is often difficult to force disclosure of assets and income, even in court proceedings. For that reason, the more information that you can gather about your spouse's financial situation, the better off you and your children will be upon the breakdown of the marriage.

Nita Grewal is a litigation attorney and a member of the Appleby Spurling & Kempe Family Law Team. You can write to her with your questions or comments at Familylaw yASK.BM. Copies of Ms Grewal's columns can be obtained on the Appleby Spurling & Kempe website at www.ask.bm.

This column should not be used as a substitute for professional legal advice.

Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.

LAWYERS LEG