Going through a divorce can be one of the most challenging experiences in life. From dividing finances and deciding what happens to the family home to making arrangements for children, understanding your legal rights can help you make informed decisions about the future.

Taking the First Steps Towards Divorce

When a marriage comes to an end, it’s natural to feel uncertain about what happens next. Alongside the emotional impact, there are often important financial, legal and family matters to consider.

Take James and Emma, for example. After 15 years of marriage, they decided that separating was the right decision for both of them. They had two children, a family home with a mortgage and joint savings. Although they agreed that divorce was the best way forward, they had very different ideas about what would happen to their finances and how they would manage childcare.

Neither had been through a divorce before, and they were unsure about their legal rights, what they were entitled to and whether they would need to go to court.

Like many couples, they initially thought that getting divorced simply involved completing some paperwork. However, they soon realised that ending their marriage was only one part of the process. They also needed to reach agreements about their children, property and financial future.

Understanding how divorce law works can help you avoid unnecessary stress, protect your interests and make decisions with greater confidence.

How Does Divorce Work in England and Wales?

In England and Wales, the introduction of no-fault divorce in April 2022 changed the way couples can legally end their marriage.

Previously, one spouse generally had to provide a reason for the breakdown of the marriage, such as adultery or unreasonable behaviour, or rely on a period of separation.

Under the current system, you no longer need to assign blame or provide evidence of wrongdoing. Instead, you or your spouse must make a statement that the marriage has irretrievably broken down.

To apply for a divorce, you must generally:

• Have been married for at least one year.
• Have a marriage legally recognised in the UK.
• Meet the relevant legal requirements for applying in England and Wales.

You can make a joint application with your spouse or apply individually. You also don’t need your spouse’s agreement to start the divorce process.

The no-fault system is designed to make the legal process more straightforward, allowing couples to focus on making arrangements for their future rather than having to establish blame.

The Divorce Process: What to Expect

Knowing what happens at each stage can help you feel more prepared and understand how long the process may take.

1. Making a Divorce Application

The first step is submitting a divorce application to the court. This can be done online or by post, either jointly with your spouse or as a sole applicant.

You will need to provide details of your marriage and confirm that it has irretrievably broken down.

2. The Conditional Order

Once the application has been processed, there is a minimum 20-week period before you can apply for a conditional order.

A conditional order confirms that the court sees no legal reason why you cannot divorce. However, it does not mean that your marriage has officially ended.

This period can provide time to consider arrangements for finances, property and children.

3. The Final Order

After the conditional order has been granted, you must usually wait at least six weeks and one day before applying for the final order.

The final order legally ends your marriage, allowing you to remarry if you wish.

The overall process normally takes at least seven months, although financial disagreements, court proceedings or other complications can extend this timeframe.

It’s worth remembering that the divorce itself does not automatically resolve financial matters or arrangements for children.

Dividing Finances and Property During Divorce

One of the biggest concerns for many couples going through a divorce is how their finances will be divided.

This can include:

• The family home and any other properties.
• Savings and investments.
• Pensions.
• Income and future earning potential.
• Joint debts, loans and mortgages.
• Other valuable assets, including business interests.

There is no automatic rule that all assets must be divided equally. Each case is considered according to its individual circumstances, taking into account relevant factors such as the financial needs of both parties, their resources, the length of the marriage and the needs of any children.

For example, one spouse may wish to remain in the family home with the children, while the other may need their share of the property’s value to purchase somewhere new.

Pensions are another important consideration and are sometimes overlooked during divorce negotiations. Depending on the circumstances, a pension sharing order may be appropriate to help achieve a financial settlement.

If you and your spouse can reach an agreement, you can ask the court to approve it through a financial consent order, making the agreement legally binding.

If you cannot agree, the court can make a financial order after considering the circumstances of your case.

It’s important to understand that obtaining a final divorce order does not automatically end financial claims between former spouses. A legally binding financial order can provide greater certainty about future financial responsibilities and help prevent claims arising later.

Seeking legal advice before agreeing to a financial settlement can help you understand your rights and avoid overlooking important assets.

What Happens to the Family Home?

For many couples, the family home is their most valuable asset and one of the most difficult things to agree on during a divorce.

There are several possible options, depending on your financial circumstances and what is best for your family.

These may include:

• Selling the property and dividing the proceeds.
• One spouse buying out the other’s share.
• One spouse remaining in the property for an agreed period, potentially until children reach a certain age or another agreed event occurs.

The right arrangement will depend on factors such as mortgage affordability, available housing, each person’s financial needs and the needs of any children.

It’s important not to make assumptions about who is legally entitled to remain in the property or how its value should be divided.

Getting advice early can help you understand your options and make practical decisions about your living arrangements.

Making Arrangements for Children

When children are involved, their wellbeing and day-to-day needs are often the biggest priority for parents going through a divorce.

Parents are encouraged to reach an agreement about where their children will live, how much time they will spend with each parent, holidays, school arrangements and other important aspects of their upbringing.

Where possible, agreeing on these arrangements between yourselves can help reduce conflict and provide children with a greater sense of stability.

Family mediation can be a useful way of resolving disagreements, with an independent mediator helping parents discuss their options and work towards an agreement.

If an agreement cannot be reached, it may be necessary to apply to the family court for a child arrangements order. The court’s primary consideration will be the child’s welfare.

Child maintenance is a separate matter and can be agreed between parents or arranged through the Child Maintenance Service, depending on the circumstances.

Keeping communication respectful, avoiding involving children in disagreements and reassuring them that they are not responsible for the separation can also help them adjust to the changes.

Do You Need a Solicitor to Get Divorced?

You don’t have to use a solicitor to get divorced in England and Wales. Some couples with straightforward circumstances choose to manage the application themselves.

However, divorce can involve complicated legal and financial matters, and professional advice can be particularly helpful if:

• You own a property together or have multiple assets.
• You have significant pension savings or business interests.
• You have children and are struggling to agree on arrangements.
• Your spouse is unwilling to cooperate.
• You are concerned about financial security after the divorce.
• You are unsure about your legal rights or responsibilities.

A family law solicitor can explain the legal process, help you understand your options, negotiate on your behalf and prepare the necessary legal documents.

Even if you and your spouse are on good terms and agree on most things, independent legal advice can help ensure that any agreement properly reflects your circumstances and protects your interests.

Can Divorce Be Resolved Without Going to Court?

Many couples are able to resolve the practical and financial aspects of divorce without needing a contested court hearing.

Depending on your circumstances, options can include direct negotiations between solicitors, family mediation or other forms of dispute resolution.

Mediation provides an opportunity for both parties to discuss their concerns with the support of an impartial professional and work towards mutually acceptable arrangements.

If you reach an agreement about finances, it can generally be submitted to the court as a consent order to make it legally binding.

However, where there are concerns about domestic abuse, coercion or financial control, mediation may not be appropriate. Your safety and access to independent legal advice should always come first.

If an agreement cannot be reached, the court can make decisions about disputed financial matters or child arrangements.

Common Mistakes to Avoid During Divorce

Divorce can be an emotional time, and it’s understandable that people may want to resolve everything as quickly as possible. However, rushing into decisions can sometimes create problems later.

Here are a few things to keep in mind:

Overlooking pensions: Pensions can represent a substantial part of a couple’s combined wealth. Make sure they are considered as part of any financial settlement.

Agreeing to a financial settlement without advice: Even if you and your spouse agree, it’s important to understand the long-term implications before signing any agreement.

Ignoring joint debts: Mortgages, loans and credit agreements need to be considered as part of the wider financial arrangements.

Assuming the divorce ends all financial claims: A final divorce order does not, by itself, provide a complete financial settlement. A financial order may be needed to formalise the arrangements.

Making decisions based on emotion: Understandably, divorce can bring feelings of frustration, sadness and uncertainty. Taking time to consider your options and seeking independent advice can help you make informed decisions.

How All Law Can Help With Divorce

At All Law in Preston, we understand that divorce involves more than simply ending a marriage. It can affect your finances, your home, your children and your plans for the future.

Having clear legal advice can help you understand where you stand, what your options are and what steps you may need to take.

Whether you’re considering divorce, have already started the process or need help resolving financial or family matters, speaking to a solicitor can help you navigate the legal complexities and understand your responsibilities.

Every family is different, which is why it’s important to receive advice that takes your individual circumstances into account.

Moving Forward With Confidence

Divorce can mark the end of one chapter of your life, but it can also be the beginning of a new one. While the legal process may seem daunting at first, understanding your rights and getting the right support can make it easier to navigate.

Taking time to understand your financial position, prioritising your children’s wellbeing and seeking legal advice where necessary can help you make decisions that support your long-term future.

If you’re considering divorce or need advice about family law, contact All Law in Preston to discuss your circumstances and find out how we can help.

All Law
33–34 Winckley Square, Preston, PR1 3JJ
Telephone: 01772 374 475
Website: www.all-law.co.uk

This article is intended for general information purposes only and does not constitute legal advice. Divorce and financial matters depend on individual circumstances, so it’s important to seek advice specific to your situation.