Some Helpful dos and don’ts on ‘Divorce Day’

We have pulled together a list of dos and don’ts to help you if you find yourself in need of separation advice.

The first working Monday of the New Year has been dubbed “Divorce Day” because many couples postpone their separation until after the holidays. January typically sees a noticeable rise in people seeking legal advice on separation. If you find yourself in this challenging situation and are unsure where to begin, we have prepared a brief guide on what not to do, along with answers to common questions we receive from clients in similar circumstances. 

What Not to Do During a Separation: 

Do not move out of the family home unless safety is a concern. 

Do not prevent your partner from co-parenting your children. 

Do not sign any legal documents without first obtaining legal advice. 

Frequently Asked Questions About Separation: 

Do I need a solicitor to get divorced? 

While the divorce process is now more accessible, any errors in the application can lead to rejections or the forfeiture of financial rights, including claims to pensions. Divorce itself does not address related matters such as child arrangements or finances, so legal advice is crucial. 

What is a no-fault divorce, and how does it work? 

Since 6 April 2022, no-fault divorces have been available in England and Wales. Couples no longer need to live apart for years or assign blame. Applications can be made jointly or individually, and the divorce cannot be finalised until at least 26 weeks after submission. 

How should I approach the division of finances? 

Resolving finances typically involves two stages: addressing immediate income-related needs and creating long-term solutions. Legal guidance ensures agreements are enforceable and protects financial futures. 

Do we need a solicitor if we’ve already agreed on finances? 

Even if you and your spouse agree, turning the agreement into a legally binding court order is essential to achieve a clean break and prevent future claims. 

What are common child arrangement considerations? 

Decisions usually revolve around residence (who the children live with) and contact (time spent with the other parent). It’s vital to prioritise the children’s wellbeing and stability. 

We understand separation is one of the most difficult experiences you may face. Every decision you make now will shape your family’s future. Professional legal advice is essential to move forward with confidence and ensure the best outcomes for you and your loved ones. 

We’re here to help you navigate this challenging and emotional journey. To arrange an appointment, please call us on 0121 450 7800 or complete the short form below. A member of our family team will be in touch.