7 Things You Need to Know Before You Get Divorced

Thinking about divorce can feel overwhelming. You probably have dozens of questions running through your mind, and it’s hard to know where to start. The good news? Understanding the basics can help you feel more in control. 

We’ve put together seven essential things everyone should know about divorce. Whether you’re just starting to consider your options or ready to take the next step, this guide will help you understand what lies ahead. 

Ready to move forward? Get in touch to speak to an expert divorce lawyer today.

1. You can get divorced without proving anything 

In April 2022, the law around divorce in England and Wales fundamentally changed with the introduction of no-fault divorce. 

Gone are the days when you had to prove your spouse committed adultery, behaved unreasonably, or deserted you in order to get divorced. You also don’t need to wait years to show the marriage has broken down. Now, you simply need to state that your marriage has irretrievably broken down. That’s enough – you don’t even need to provide proof. 

This means less conflict, no blame, and a simpler process for everyone. Your spouse can’t even contest the divorce itself simply because they don’t want it (though they can dispute other matters like finances or arrangements for children, which are separate from the divorce itself). 

What this means for you: You can start the divorce process without needing to assign blame or air your grievances in legal documents. 

2. There’s a minimum timeline 

While divorce is more straightforward now, you can’t rush it. The law builds in a minimum 26-week period from start to finish (around 6 months). However, in practice, it often takes longer to get everything finalised like arrangements for children and finances. 

Here’s how it breaks down: 

• You apply for divorce (formerly called a ‘petition’, now called an ‘application’) 
• After 20 weeks, you can apply for a ‘conditional order’ (previously known as ‘decree nisi’) 
• Six weeks and one day after the conditional order, you can apply for the ‘final order’ (previously ‘decree absolute’). Once you have your final order, you are officially divorced. 

This timeline exists to give couples time to reflect and sort out practical arrangements, particularly around finances and children. 

What this means for you: Plan ahead. If you’re hoping to be divorced by a certain date, factor in this minimum six-month period. 

3. Divorce doesn’t automatically sort out your finances 

What if we told you getting divorced doesn’t automatically end your financial connection? This surprises many people, but it’s crucial to understand that getting divorced and dividing your finances are two separate processes. 

You can be divorced but still have financial ties to your ex-spouse. Until you reach a financial settlement and have it approved by the court (called a ‘financial order’ or ‘consent order’), your spouse could potentially make a claim against your assets, even years after your divorce is finalised. 

For example, imagine you remarry or receive an inheritance, only to face a financial claim from an ex-spouse you divorced years earlier, just because you never formalised your financial arrangements. 

What this means for you: Don’t assume the divorce process automatically deals with money, property, or pensions. Address these issues separately and get a proper legal agreement in place. 

4. It’s not always a 50/50 split 

There’s a common misconception that everything gets divided equally down the middle during a divorce. In reality, things are usually more complicated. 

The courts consider a few different factors when dividing assets: 

• The length of your marriagecan  
• Your respective ages and health 
• Each person’s income and earning capacity 
• Your financial needs and obligations 
• The standard of living you enjoyed during the marriage 
• Contributions each of you made (including non-financial contributions like raising children) 
• Any children’s needs 

While equality is often the starting point, the final division depends on what’s fair in your specific circumstances. A marriage of 25 years with children where one spouse didn’t work to care for them will likely be treated differently from a two-year marriage with no children where both parties work full-time. 

What this means for you: Don’t assume you know how assets will be divided. Every case is unique, and professional advice is essential. 

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5. You can divorce online 

The divorce process has entered the digital age. You can now apply for divorce entirely online through the government’s online portal. It costs £593. 

The online system is generally more straightforward and faster than paper applications. You’ll receive updates by email, and you can track your application’s progress online. 

If you’re applying jointly with your spouse, you’ll both need to engage with the online system. If you’re applying alone (called a ‘sole application’), you can still do this online. 

What this means for you: The practical process of divorcing is more accessible than ever, though you should still seek legal advice about the broader implications of divorcing. 

6. You’ll need your marriage certificate 

This might seem obvious, but you’ll need the original marriage certificate or a certified copy to start divorce proceedings, not a photocopy.

If you can’t find yours, you can order an official copy from the General Register Office or the register office where you married. This can take a few weeks, so it’s worth tracking it down early if you’re considering divorce.

For marriages that took place abroad, you may need additional documentation, and the rules can be more complex depending on which country you married in.

What this means for you: Locate your marriage certificate now. It’s one less thing to worry about when you’re ready to proceed.

7. Children always come first 

If you have dependent children, their welfare is the court’s main concern in any decisions that could affect them.

The good news is that most parents reach agreements about their children without court involvement. This is encouraged this wherever possible, as parents usually know what’s best for their children. If you can’t come to an agreement between yourselves, you can try mediation as the next step before court. Here, a trained mediator will help you make amicable arrangements.

Plus, you usually don’t need to go to court to make child arrangements legally binding. Decisions like living arrangements, schooling, and contact schedules can be made binding with a consent order, which is usually approved without you having to attend court. 

That said, if you can’t agree, the court can make orders about: 

• Where your children will live 
• How much time they’ll spend with each parent 
• Specific issues like education or medical treatment 
• Financial support through child maintenance 

What this means for you: Focus on your children’s needs and try to work cooperatively with your ex-partner. It makes everything easier.

Where do you go from here? 

Divorce is rarely simple, but understanding these seven fundamentals puts you in a stronger position to make informed decisions about your future. 

Every divorce is different, and while general information is helpful, there’s no substitute for personalised legal advice based on your specific circumstances. From untangling financial arrangements to ensuring your children’s needs are protected, the right guidance offers peace of mind and makes all the difference for a smooth divorce. 

If you’re considering divorce or have questions about your situation, we’re here to help. Our experienced family lawyers understand how to help you navigate such a huge life change, and we’re committed to providing the clear, practical advice you need with empathy and expertise. 

Ready to talk? Contact us today for a confidential conversation.