5 essential steps to prepare before applying for divorce

Whether you have made up your mind or are simply exploring your options, taking a little time to prepare can help make the process smoother.

Here are five key things to arrange before you apply:

1. Consider your children

If you have children, start to think about the practicalities of care arrangements. Where will they live? What does their routine look like? Try to prioritise their stability and emotional wellbeing and be open to negotiation; the Court expects both parents to put the children and their best interests first, so it is important to focus on stability and open communication.

2. Get your financial documents in order

You will need a clear picture of you and your soon to be ex-spouse’s finances such as income, assets, debts, and pensions. Start by gathering your payslips, bank statements, mortgage/property details, and any investment or pension documentation.

It is important not to take or copy any financial documents and other property of your spouse, including electronic data, without permission. This is against the law. Collect only the documents that you hold legitimately.

Collating your financial information will be essential when the time comes to sort out the finances, whether by a settlement agreement with your former spouse or through the Court.

3. Think about living arrangements

Consider where you intend to live, and where the children (if any) will live, during and after the divorce. Can you both remain in the family home temporarily? If not, it may be worth considering options for interim housing. Housing is one of the most sensitive and urgent issues, so it is worth considering your options early.

4. Seek legal advice early

Even if things feel amicable, early advice can help you avoid costly mistakes. It can also set the tone for a constructive process and give you the confidence to have necessary discussions with your spouse (if appropriate) about your rights and entitlements.

Early legal advice also gives you the opportunity to review any initial discussions or informal offers with someone who can assess their practicality and fairness from a legal perspective.  

5. Take a breath; and take care of yourself

Divorce is a legal process, but it is also a deeply personal one. Give yourself time to reflect and seek emotional support where needed. This could be support from loved ones or by seeking professional guidance through a counsellor. Being emotionally grounded helps you make clear decisions, which ultimately leads to better outcomes.
If you are considering divorce, a little groundwork now can save a lot of stress later and bring clarity even when emotions run high. Taking the above steps will not only make the process smoother but will help you get the most out of it on a cost proportionate basis by ensuring that your solicitor has the clarity they need to support you efficiently from the beginning.

---

If you are considering divorce and would like tailored advice, you can arrange an initial consultation with our family law team today.