Some key issues to consider when starting a Divorce

Divorce is a significant legal and emotional process that requires careful planning and consideration. Regardless of whether the decision is mutual, understanding the legal framework and preparing for the process can make a difference in achieving a smoother transition. Here is a guide to some key factors to consider:

Eligibility

You must have been married for a minimum of 1 year and have a legally recognised marriage. Either you or your spouse must also meet residency requirements.

No-Fault Divorce

Since April 2022, the UK has adopted a no-fault divorce system, which eliminates the need to assign blame for the breakdown of the marriage. This simplifies the process and helps avoid unnecessary conflict for most cases.

Application Process

Divorce applications can now be prepared and processed using the online court portal.  The process starts with the initial application and court fee.

Consider Finances and Property

It is very beneficial to take early advice to assist and plan your financial settlement. It is always best to try and reach an agreement by consent, using one of several non-court options which are available. The right approach for you can be discussed with your solicitor.

Child Arrangements

Both parents will retain parental responsibility after divorce. It is important to try and reach an agreement by consent wherever possible. However, there are options available to assist, such as mediation and court action as a last resort.

Emotional and Practical support

Divorce can be emotionally draining. It is important to try and have support around you from family, friends and potentially from professional counsellors. 

Consider practical steps, such as having your own bank account, updating your will and changing emergency information and insurance details.

Costs and Budgeting 

Legal fees and court costs can be expensive, and it is important to have those initial cost discussions up front with your solicitor and to stay updated throughout your case.  The highest price isn’t necessarily the best, so speak to several solicitors to choose the best fit for you.

Timelines and patience

The process usually takes around 6-12 months dependent upon the complexity of a case and can be longer. It is important to have realistic timescales in mind.

Divorce in the UK is a structured process that requires planning and a good understanding of your options and obligations. Taking proactive steps, seeking professional advice, and prioritising communication can help you navigate this challenging time more effectively. Every divorce is unique, and tailoring your approach to your specific circumstances is key to achieving the best possible outcome.