Steps to Take Before Filing for Divorce
Navigating the journey of divorce can be a difficult and emotionally challenging process. Careful planning can make all the difference, and understanding the necessary preparations and considerations is crucial. Mine Penfold, a Paralegal in our Family Team, provides an overview of the essential steps to consider, from understanding the divorce procedure and gathering documents for the financial preparation, considering mediation options, emotional support, and obtaining the right legal advice.
Emotional Support During Divorce
Before diving into the procedural aspects of divorce, it’s advised that you give thought to the appropriate emotional and practical side of matters. Ending a long-term relationship, especially a marriage, is challenging regardless of the circumstances. Support from friends and family is vital, but seeking help from those who have gone through similar experiences can be even more beneficial. Emotional support groups, psychotherapy, meditation, and physical exercise and being outside in the fresh air can assist you during this time. These resources can help you navigate the emotional challenges of divorce and ensure that you have the strength and resilience to move forward.
Children can sense the tension between parents during a separation, which can cause confusion, distress, and self-blame. Providing them with appropriate support during this period is crucial. For more detailed information and guidance on how to support children through separation and divorce, you may find these resources helpful: NSPCC, Relate, and Cafcass.
Divorce Procedure: No-Fault Divorce
The process of ending a marriage in England & Wales was modernised in 2022 with the introduction of the ‘no-fault divorce’. The process involves several key steps to ensure a smoother transition. First, the divorce application can be filed individually or jointly online, requiring essential details and payment of a court fee (£593 at the time of writing). Once submitted, the respondent is notified and requested to respond to the application, following which a 20-week holding period begins to allow for reflection. This period of time allows the parties to consider and discuss practical matters like the arrangements for the children, and the financial arrangements. After the 20-week holding period is over, the applicant can apply for a Conditional Order, confirming the legal grounds for divorce. Finally, six weeks after the Conditional Order, the applicant can apply for the Final Order, marking the legal dissolution of the marriage. This structured process, including mandatory waiting periods, aims to facilitate a thoughtful and organized approach to divorce.
Financial Preparation
Proper financial preparation is essential when navigating a divorce. Start by assessing your full financial picture, including all assets including property, vehicles, savings, investments, and any debts such as mortgages, car loans, and credit card balances. It is beneficial to avoid making significant financial commitments during this period to maintain stability. Consider creating a post-divorce budget to estimate your monthly income and expenses. Deciding what to do with the marital home, whether selling, buying out the other’s share, or renting, requires careful consideration of the long-term impact. Plan for child maintenance, incorporating it into your long-term financial strategy to ensure ongoing support for your children’s needs.
Gathering Documents
Being well-prepared can streamline the divorce process, saving time and money. Start by collecting financial documents like bank statements, credit card bills, and mortgage documents, along with property and asset information such as house deeds and vehicle registrations. Ensure you have personal identification documents, child-related records, and other relevant legal documents like prenuptial agreements or previous court orders. Organizing these documents effectively, whether in physical or digital form, will help you and your solicitor navigate the divorce process more efficiently. Proper preparation can reduce stress and provide a clearer picture of your situation, aiding in better decision-making during this challenging time.
Mediation and other methods of Non-Court Dispute Resolution (‘NCDR’)
Recent changes in the family court rules emphasize the importance of exploring NCDR methods before initiating financial proceedings or proceedings in relation to children. These methods include negotiations through solicitors, mediation, collaborative approaches, arbitration with binding decisions, and private financial dispute resolution. Parties are now required to attend a Mediation Information and Assessment Meeting (MIAM) to assess the suitability of these alternatives before a court application can be made. There are some limited exceptions to this requirement, predominantly in relation to cases where there has been domestic abuse.
How can Blackfords LLP help?
Constructive legal advice is crucial when considering divorce. We are highly specialised in family law and fully understand the complexities involved in divorce proceedings. Our expertise ensures that you are well-informed about your legal rights before taking any steps. Obtaining professional advice early on not only clarifies your position but also empowers you to make decisions that protect your interests and those of your loved ones. Our dedicated team is committed to offering compassionate support while delivering effective solutions tailored to your individual needs.
For an initial consultation with one of our experienced solicitors, please contact us at 03330 150150 or email familyteam@blackfords.com.
