Before You File for Divorce

Although the divorce process has become more straightforward in recent years, it is still a significant legal step with long-term consequences. Before submitting a divorce application, it is important to ensure that you meet the legal requirements and have considered the practical and financial implications. Taking time to prepare can help you avoid unnecessary delays, stress, and expense.

Check That You Are Eligible to Apply

One of the first things to confirm is whether you are legally eligible to file for divorce. In England and Wales, there are specific criteria that must be met before an application can be made.

Length of marriage
You must have been married for at least one year before you can apply for divorce. If you have been married for less than this, you will need to wait until the one-year period has passed before proceedings can begin.

Jurisdiction
You or your spouse must have a sufficient connection to England and Wales for the courts to deal with your divorce. This is usually based on factors such as where you live, where you are domiciled, or where you last lived together as a married couple.

Is the Divorce Agreed?

While divorce no longer requires one party to place blame on the other, it is still relevant whether both parties agree that the marriage has come to an end.

A joint application can often lead to a smoother and more efficient process, as both spouses are working towards the same outcome. If only one party wishes to proceed, a sole application can still be made, but this may involve additional steps and can take longer to resolve.

Understanding the type of application that is right for you can help manage expectations and avoid unnecessary complications.

Have You Considered Financial Matters?

One of the most important aspects of divorce is dealing with finances. Even though the divorce itself legally ends the marriage, it does not automatically resolve financial matters.

Before applying, it is sensible to consider:

• How property, including the family home, will be dealt with
• How savings, investments, and debts will be divided
• Whether pensions need to be valued and shared
• Whether spousal or child maintenance may be required

Reaching agreement on financial matters can take time, and in many cases, these issues continue after the divorce process itself has concluded. Early legal advice can help you understand your financial position and plan ahead.

Children and Parenting Arrangements

If you have children, their welfare should be a central consideration before starting divorce proceedings. While the divorce process does not itself determine child arrangements, separation often requires practical decisions to be made.

You should consider:

• Where the children will live
• How much time they will spend with each parent
• How major decisions about education, health, and upbringing will be made

Clear and workable arrangements can help minimise disruption and provide stability for children during what can be a difficult time.

Fees and Timing

There is a court fee payable when submitting a divorce application. Ensuring this is paid correctly and on time is essential to avoid delays.

It is also important to have realistic expectations about how long the process will take. Divorce proceedings typically take four to six months from application to final order, provided there are no complications. However, disputes over finances or children can extend matters significantly.

Are You Ready to Proceed?

Divorce is not just a legal process — it is a personal decision that can affect your finances, family life, and future plans. Taking time to reflect and seek professional advice can help ensure you are making informed choices.

Speaking to a solicitor before filing can give you clarity on:

• Whether you are eligible to apply
• What type of application is appropriate
• What steps you should take next
• How to protect your rights throughout the process

How We Can Help

Our experienced family law solicitors are here to guide you through each stage of the divorce process with clear, practical advice. Whether you are still considering your options or ready to proceed, we can help ensure everything is handled correctly from the outset.

If you are thinking about divorce and would like to know more, please contact us on 0161 359 8000 to arrange a confidential discussion with one of our solicitors.