Where do I even start? This is a question we hear regularly. Whether you’ve been together decades or a shorter period of time coming to the realisation that the marriage is no longer working can be difficult. Taking a more formal step and speaking to a solicitor can feel daunting because suddenly the situation becomes very real, but you do not have to act on the advice given immediately. It is important to take your time – below we explain more about the process of divorce and what you need to consider.
-
Decide whether divorce is the right first step
In England and Wales, divorce is now a “no-fault” process. You do not need to prove that your spouse has behaved badly or that the marriage has irretrievably broken down because of adultery, unreasonable behaviour or separation.
One or both spouses can apply for a divorce, and there is no need for both parties to agree to the marriage ending.
However, before starting the application, it is sensible to think about the wider picture. Divorce legally ends the marriage, but it does not automatically resolve financial arrangements or decide where children will live.
-
Pull together key information including documents related to your finances
Before making an application, gather the key information you will need. This includes your marriage certificate, details of your spouse and information about any children.
More importantly, start collecting documents relating to your finances. Think about your property, mortgages, savings, pensions, investments, businesses, debts and income.
This can feel intrusive, particularly if you have never dealt with the family finances yourself. But having a clear picture of the matrimonial finances early on can make the next stages considerably easier.
-
Consider the practicalities of shared parenting and how this may look
In most cases you do not need a solicitor or court to decide matters surrounding your children. It is important for you to jointly discuss practical arrangements: where the children will live, how they will spend time with each parent, school arrangements, holidays and important occasions.
How you will deal with breaking the news to them isn’t something you have to think about immediately.
-
Think carefully about the finances
This is often the most important part of the process — and the area where people can make costly mistakes by moving too quickly.
The divorce application itself does not divide your assets. Financial arrangements need to be dealt with separately.
You may need advice about the family home, maintenance, pensions and other assets. In many cases, a solicitor will help you obtain financial disclosure from both parties before advising on what would represent a fair settlement.
Do not assume that because an asset is held in one person’s sole name, it automatically belongs to that person following divorce. Equally, do not assume that everything will simply be divided 50/50.
-
Start the divorce application
The divorce application is generally made online. Once issued, the application is sent to your spouse, who will normally need to acknowledge it.
There is then a minimum period before the divorce can progress to the conditional order, followed by a further waiting period before the final order can formally end the marriage.
This means divorce is not an overnight process. The waiting periods can actually provide useful breathing space to deal with the financial and practical issues that accompany the end of a marriage.
Your divorce checklist
Before you begin, consider:
- Do I have my marriage certificate and the necessary personal details?
- Do I understand my financial position, including property, pensions, savings and debts?
- Have I considered immediate arrangements for the children?
- Do I need advice about financial support or the family home?
- Have I considered whether mediation or another form of dispute resolution could help?
- Have I taken legal advice before agreeing to a significant financial arrangement?
Finally, remember that starting divorce proceedings does not mean you have to resolve everything on the same day. A good solicitor should help you understand the process, identify the decisions that need to be made and, importantly, distinguish between what needs immediate attention and what can wait.
Divorce is both a legal process and a major life change. Getting the right advice at the beginning can help you protect your position, avoid unnecessary conflict and move towards the next chapter with greater certainty.
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.