Deciding to divorce is one of the biggest and most difficult decisions you may ever have to make. It takes courage to take that first step, and throughout the process you will need resilience, patience, and often a great deal of bravery. At The Family Law Company, we work with people every day who are navigating this major life change and, over time, we’ve learned a few things that might surprise you.
As a trainee in the divorce and finance team, here are three things I’ve learned that you may not know about divorce:
You don’t always need a lawyer to start the divorce process
Many people assume that they need a lawyer from day one. However in England and Wales, the divorce process itself can actually be initiated online through the Government portal. This became even more straightforward after the introduction of no-fault divorce in April 2022. Either one or both parties jointly can apply for the divorce. After a 20-week mandatory ‘reflection’, period, an application for the Conditional Order can be made. Finally, after another 6-week period, the Divorce can progress to Final Order of Divorce. This is when you are officially divorced and free to remarry. It might sound strange for a family lawyer to say this, but the paperwork side of divorce can often be done without legal representation.
However, where you do need legal advice is in understanding your financial rights. Divorce isn’t just about ending a marriage—it also triggers financial considerations that are often more complex than people expect. I’ve seen cases where someone gets their Final Order and then panics because they realise they haven’t resolved their financial claims. These can still be sorted out after the divorce, but it’s best to deal with them in tandem to ensure certain benefits are not lost by obtaining that Final order. That’s why seeking early legal advice, even if simply for a consultation, is so important.”
Your divorce and finances are separate processes
While a divorce legally ends a marriage, it doesn’t automatically settle financial matters. The financial side of divorce is often where things get complicated. A financial settlement determines how assets, pensions, and debts are divided, and this requires a separate process. It’s important to know that the court won’t automatically deal with finances as part of the divorce process—you need to apply for a Financial Order, even if you and your ex-partner agree on how to split things.
One of the bravest things you can do during this time is to be upfront and transparent about your financial situation. Trying to hide assets or moving money around can backfire, as the courts have extensive powers to investigate and overturn suspicious transactions. Honesty and cooperation can lead to a smoother, quicker resolution.
Sometimes getting divorced takes a little bravery in making informed decisions
A common fear in divorce is losing rights to the family home. Many people believe that if they leave the home, they lose their claim to it. This is not true. If your name is on the property (or even if it isn’t, but you have financial ties to it), you still have rights, whether you stay or go. On the other hand, if you’re being pressured to leave, know that your ex-partner can’t force you out unless there’s a court order in place. This applies even if the home is solely in their name.
Beyond the home itself, divorce isn’t just a legal process—it’s an emotional one too. Making informed, strategic decisions can feel daunting, but knowledge is power. At The Family Law Company, we see bravery every day in the people who walk through our doors. It’s in the single parent who stands their ground for a fair settlement, in the person who leaves an unhealthy marriage despite their fears, and in those who prioritise their children’s well-being over conflict.
If you are contemplating divorce or are currently in the process, it is important to remember that you are not alone. Help, guidance, and support are readily accessible. While it may be scary to take the initial step, it is also an act of bravery.
At the Family Law Company we are dedicated to providing sensitive, professional advice throughout the divorce and financial settlement procedure. We are here to help you understand your rights, get a fair financial settlement, or just support on your next action. Please visit our Divorce and Finance website page for further details on how we might help you or get in touch.
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