Clients often ask me, “what do I do first?” at the start of our initial meeting.
It is a broad question but generally, my answer is the same at every turn – be prepared, take your time and think about your red lines. Below are 7 things to think about at the start of the divorce process.
1. Divorce application:
Think about whether you are comfortable in applying for divorce as joint applicants. The change in England and Wales to “no fault divorce” means that you can both jointly apply for divorce rather than increasing hostility by having one party as the “applicant” and the other party as the “respondent.” Whilst this will not have a bearing on the outcome of proceedings, a joint application may lead to starting your divorce off as amicably as possible.
2. Disclosure:
Think about whether you want to exchange financial disclosure with your spouse. Do you have a full picture in relation to their financial position? Often, clients feel safer in knowing that they have exchanged disclosure either through mediation or via solicitors and having full transparency is the only way that a solicitor can provide full advice in relation to the fairness of an agreement reached.
3. Family home:
Think about whether you own your family home/any other property as joint tenants. If you do, you may want to consider severing the joint tenancy so that the property in question is owned as tenants in common instead. If you continued to own a property as joint tenants, you both own the entire property, and if one of you dies, the other automatically inherits the deceased’s share under the right of survivorship.
4. Create a will:
A good place to start is by updating or creating a will. This is also especially the case if you decide to sever any joint tenancies.
5. Mortgage advice:
Whilst it may be difficult to contemplate the end of your divorce and your life post the pronouncement of the Final Order, it is always worth getting some advice from a mortgage advisor. Not only does it assist you in knowing whether you can raise a mortgage and if you can, how much you can raise, it will also assist you with framing your position in relation to whether you would like to, or can, remain in the family home.
6. Financial advice:
Leaning on financial advisors/financial planners/accountants and taking some financial advice is always a good place to start. For example, one of the dilemmas that you could be facing is whether it is worth offsetting a claim against a pension or taking a pension sharing order. Knowing what is best for you from the get go is beneficial.
7. Support:
Gather your support network from the start. You will have your Solicitor and potentially your Barrister and a whole legal team in your corner. However, it is always worth expanding your support network to include your friends and family. You may also want to speak with a divorce coach to provide you with the emotional support that you need throughout your divorce.
Of course, there are other things to think about which I have not discussed in this blog. Knowing where to start will get you through to the end of your divorce, one step at a time. Here at Wendy Hopkins Family Law Practice, we are with you from start to finish and can guide you along the way.
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Author: Fay Jones
Published: 14.04.25