What comes first in Divorce?

Following the breakdown of a marriage there can be numerous issues and problems which arise. It can be a daunting and stressful experience to know where to start, particularly when your spouse, the person you would likely normally discuss and agree matters with is now no longer there to support you and you can’t discuss any decisions with them.  This is where your solicitor and their legal guidance can help.

What are the immediate issues?

The divorce process itself can take many months to resolve, and it is important to get early advice not only in terms of the overall outcome but also the interim position.

Those initial months can be difficult, particularly if there are insufficient monies to allow one party to vacate the family home.  Some consideration will need to be given as to whether it is possible for the parties to remain living together and if so, on what terms.  Whilst far from ideal, this can be achievable with some clear boundaries and with the knowledge that the situation will not last forever.

Regardless of who vacates the family home, some thought will also need to be given as to who should pay the mortgage and household expenses.  If there are additional expenses caused by one party living elsewhere then those will need to be considered and factored in.

If there are children of the marriage, practical consideration will need to be given as to how the arrangements as far as contact, will work and how they can be achieved with as little disruption as possible to the children involved.

Relationship breakdowns can often be fraught and in some situations, you may need to protect yourself and also any assets of the marriage.  Should you be worried as to your safety there are protections which can be afforded by the Court.  Should you also have concerns as to your spouse hiding assets or spending monies then early advice is important to protect those assets and again if required there are protections available through the Court system.

Where do I start?

The divorce process has changed in recent years, making it more amicable, removing the need to allege fault.  However, the process now includes a 20-week cooling off period which starts on the date your application is issued.  Once the 20-week cooling off period has elapsed you can apply for the first order of divorce which is called a ‘Conditional Order’.  This change to the process increases the timescales.  The 20-week period is usually utilised effectively to reach agreement between the parties.  It is however best to get the divorce application up and running as quickly as possible so that 20-week period starts to run and doesn’t cause unnecessary delay at a later stage.

The ideal outcome the parties should be looking to achieve is reaching an agreement as to how to resolve their financial situation.  It is important to ensure any agreement is recorded into a consent order which becomes a legally enforceable document once approved by the Court.  The Court will only look to approve any agreement once you have your Conditional Order and so it is important that the divorce process is commenced without delay.

What information do I need?

The starting point in terms of resolving financial matters would be to determine the financial landscape of the marriage, by understanding the value of your assets, liabilities, income and pensions and those of your spouse.  That will give a clearer picture as to what is available, achievable and how best to settle those issues which is pivotal when trying to negotiate and agree matters.

In the early stages information gathering is key and can make the whole process far easier.  It is important to know as early as possible what is affordable, for example if the family home is jointly owned, can one party afford to purchase the other’s interest and release them from their covenants under the mortgage?  Knowing what you can borrow by way of mortgage at an early stage can be invaluable information.

Some information can take time to obtain such as your pension valuation which is called a Cash Equivalent Transfer Value (CETV).  It is therefore best to request that information at the outset to avoid any unnecessary delays.

It can be helpful when considering where to start to give some thought as to the outcome which you would like to achieve so that you have something to work towards.  This is true for not only financial matters but also in terms of any arrangements of any children of the marriage in the short term and also long term.  Also seeking legal advice to understand whether your ideal outcome is achievable, fair and in your best interests is incredibly important.

Taking the time to gather information and seek legal advice at the very start of the process can help to avoid any issues and ensure the process is as smooth as it can possibly be.

Contact us today to arrange a fixed fee consultation with one of our dedicated Family Lawyers.

Article dated: 31.01.25

Article written by Kerry Ridley, Marketing Manager