How to Prepare for Divorce

This post looks at how to prepare for divorce and consider finances, children and living arrangements.

Once you have made the decision to divorce, you’ll need to address the legal and financial processes and for that you will need to be prepared. Many people think divorce automatically settles finances, but that’s not the case in the UK. The divorce itself is one process, and the financial settlement is another. You need to prepare for both to best protect your interests.

The best way to prepare for divorce is to seek legal advice early

It’s best to consult a solicitor before you officially apply for divorce, especially if you’re unclear about your rights. In England and Wales, the new “no-fault” divorce system means you don’t have to assign blame so the process is straightforward. However, the financial side and any child arrangements still require careful consideration.

At Tyrer Roxburgh we offer a fixed fee, one hour consultation to start proceedings.

During a fixed-fee consultation, a solicitor can explain:

• How to begin the divorce application (sole or joint)
• The 20-week reflection period before applying for a conditional order
• How soon you can apply for the final order
• Your financial rights, responsibilities and next steps

You can now file for divorce online in England and Wales through the Government’s website. Some people choose to handle the application themselves, and others ask a solicitor to manage it for them. If there are no children or finances involved, a straightforward online divorce might work well. However, if there’s any disagreement over child arrangements or how assets should be divided, having a family solicitor on your side is vital. A solicitor can help clarify your rights, negotiate on your behalf, and ensure the court sees the full picture before making decisions that affect you and your family.

Prepare Your Finances for Divorce

The divorce process simply ends the marriage. It doesn’t automatically deal with money, property, or pensions. You must address these issues in a separate but parallel process, often called a “financial remedy” or “financial settlement”. If you agree on the terms with your spouse, you can turn that into a consent order, which is legally binding once approved by a judge. If you can’t agree, the court can decide how to split assets.

You’ll need to be prepared for:

• Full Financial Disclosure: Both sides must be open about assets, debts, income, and pensions. You’ll exchange “Form E” (or a similar document) detailing your finances if you enter into court proceedings in England and Wales.
• Negotiation or Mediation: Before going to court, you’re encouraged to try mediation or other dispute resolution methods. This can reduce conflict and legal costs.
• Court Involvement: If you still can’t agree, a judge may decide how assets get divided. They consider factors like length of marriage, earnings, contributions, and the welfare of any children.

It’s important that you do agree a divorce financial settlement. If you finalise your divorce without a financial agreement, your former spouse could make future claims, so it’s wise to secure a clean break or consent order.

Gather Your Financial Documents

Finances often cause the most stress in a divorce. You can reduce complications by collecting paperwork early. This might include:

• Bank statements (current and savings accounts)
• Mortgage statements or rental agreements
• Pension valuations – please read Divorce and Pension Plans
• Payslips or tax returns
• Investment or share certificates
• Credit card statements
• Details of any personal or business debts

Clear records help your solicitor and the court see the big picture. It also makes sure you don’t overlook any assets or liabilities when negotiating a settlement.

Address Child Arrangements

If you have children, plan how you’ll handle living arrangements, daily care, and financial support. The court’s priority is the children’s welfare. You can try to agree a schedule for:

• Who the children live with
• How often they spend time with the other parent
• Pickups, drop-offs, and school runs
• How you’ll handle major decisions like schooling and health care

If you and your spouse can’t agree, you can use mediation or seek a Child Arrangements Order from the court. The aim is to minimise disruption for your children and keep their best interests at the heart of any agreement.

Who Lives Where During the Process

Deciding who stays in the family home while you sort out finances and child arrangements can be challenging. Some couples continue to live under the same roof, especially if they co-own the property or want to maintain stability for the children. This arrangement doesn’t work for everyone, particularly if living together causes conflict or emotional strain.

You might consider Matrimonial Home Rights if you’re not the legal owner of the property. These rights, provided by the Family Law Act 1996 in England and Wales, can protect you from being forced out of the marital home without a court order. Talk to your family solicitor about registering these rights, because it can safeguard your interest in the property until the financial settlement is finalised.

The Impact of a New Partner on Your Divorce

New relationships can arise before your divorce is final, but introducing a partner too soon might complicate things. In some cases, your spouse could argue that living expenses are lower if you move in with a new partner, affecting how much spousal maintenance you might receive or pay.

Though the courts often focus on each party’s ability to support themselves, it’s best to be transparent with your solicitor if you’re in a new relationship. They can advise how a new partner might influence the financial settlement, especially if cohabitation becomes part of the picture.

For more information on this topic, see our article: Does a New Partner Impact on My Divorce Settlement

Taking the Next Step

Filing for divorce can be an intimidating process, but you can feel more in control if you understand the legal process and prepare carefully. Arming yourself with the right information allows you to make decisions that protect your interests and your family’s well-being.

If you’d like professional support with your divorce and guidance tailored to your specific circumstances, our team at Tyrer Roxburgh is here to help. We offer fixed-fee consultations so you can get clear, practical advice on your rights and responsibilities. Feel free to get in touch so we can discuss your situation and explore the best route forward for you and your family.