7 Things to Consider When Getting a Divorce

Getting a divorce is rarely a straightforward decision. Beyond the emotional impact, there are complex legal, financial, and practical considerations that can have long-term consequences for you, your family, and your future.

From dividing assets and pensions to making arrangements for children and protecting your financial position, every decision made during the divorce process matters. Understanding your options early and taking the right advice can make a significant difference to both the outcome and the experience.

In this guide, we outline seven key considerations when getting a divorce, helping you approach the process with clarity, confidence, and a clear strategy for moving forward.

If you are getting a divorce, early advice from our divorce solicitors can help you understand the legal process, protect your position and plan the right strategy from the outset.

For anyone considering divorce, our guide on how to start divorce proceedings explains the first legal steps and the stages involved.

1. How will your assets and debts be divided and what happens to the family home?

The starting point in many cases is the equal division of the matrimonial assets. These are assets built up during the marriage. However, where an equal split would not meet the needs of one of the parties, or an equal division would not be fair in the circumstances, then there can be a departure from an equal division. The Court will take this into account, along with the principles within Section 25 of the Matrimonial Causes Act 1973, when making a decision on how assets should be split.

Where assets, debts, income and property are in issue, advice on financial claims and orders can be crucial to securing a fair overall settlement.

Debts accrued during the marriage will be classed as matrimonial and will be taken into account as part of the overall financial picture. Debts that were accrued by one party pre or post-marriage, can be excluded from the financial picture.

The family home is unique in the way that it is always treated as a matrimonial asset, even if one party solely owns the property or solely owned it pre-marriage. In most cases the family home is either transferred to one party, and the other pays the other a lump sum which accounts to their interest in the property, or the home is put up for sale and the proceeds of sale are divided.

2. How are pensions, savings and long-term investments treated in a divorce?

Pensions, savings and investments generally form part of the matrimonial pot on divorce. If these were accrued pre-marriage, in accordance with the recent Standish judgment, they can be classed as non-matrimonial, and therefore could be excluded from the matrimonial pot and the division of assets.

Because pensions are often one of the most valuable assets in a marriage, specialist advice on divorce and pensions is important before agreeing any settlement.

In relation to pensions, the court can make a Pension Sharing Order whereby a percent of one party’s pension would be transferred to the other party. Another option is a pension offset. This is where the party with the larger pension would retain their pension, but the other party will receive a greater share of another matrimonial asset.

3. What arrangements can be made to ensure our children are properly cared for?

Either parent has the option to make an application to Court for a Child Arrangements Order. A Child Arrangements Order will dictate whom the children will live with and spend time with.

Where parents cannot agree living arrangements or time spent with each parent, advice on child arrangements can help secure a workable and child-focused outcome.

The arrangements for children can be decided directly by the parents through discussions, or through mediation. Any agreement reached can be sealed by the Court to ensure that the arrangement is enforceable, if one parent breaks the terms of the agreement.

Before issuing court proceedings, family mediation can sometimes help parents and separating couples reach agreement on children and finances more constructively.

4. How much will the divorce process cost and how long will it take to finalise the divorce from start to finish?

The cost of making a divorce application is £612. To reduce this cost, parties can make a joint application for divorce and split the cost. A solicitor will generally charge £450-£650 plus VAT to deal with the divorce itself.

If you wish to instruct a solicitor to resolve the financial issues on divorce, costs will depend on how cooperative the parties are, how long it takes to reach an agreement, and whether court proceedings will need to be issued. If an agreement is reached without the need for financial remedy proceedings, costs are considerably lower than if an application is made to the court.

Once divorce proceedings are issued, the shortest statutory period for completing a divorce is 26 weeks, however in reality, the process tends to take closer to 35 weeks. Regarding finances, if an agreement can be reached, matters would generally conclude within 6-8 months, but if financial remedy proceedings are issued, it can take 9-20 months to conclude.

5. What steps should I take to protect my financial and legal position during divorce?

The best way to protect your financial and legal position would be to seek the advice of a family solicitor at the earliest possible stage. We would advise that this is done even before you speak with your spouse to reduce the risk of asset dissipation.

Proper financial disclosure in divorce is essential so that any settlement is based on a full and accurate picture of assets, liabilities, income and pensions.

It is also advised that if you own a property with your spouse as joint tenants, that the joint tenancy is severed. Once the joint tenancy is severed, if you were to pass away, your share in the property will pass according to Will. That is why it is also advisable to obtain a new Will at the earliest possible time.

6. How can you make arrangements that put your children’s needs first?

When deciding how assets should be divided, the first thing the Court will consider is the welfare of any minor children. Any arrangement reached should meet the needs of any child of the marriage. As mentioned, you should also consider getting a Child Arrangements Order in place so that the children’s living arrangements are defined.

It will also be important for the correct amount of child maintenance to be paid, so that the child can be sufficiently provided for. If you believe that you are not receiving the correct amount of child maintenance, you should speak to a solicitor or contact the CMS who can identify the amount of child maintenance you should be receiving.

7. How do you choose the right solicitor to guide you through divorce?

One way to choose a solicitor is to pick one who is recognised by the Legal 500 as a top tier practitioner in family law. It would also be worth having a look at some bios of solicitors. These will normally be found on a law firm’s website and will detail the selected solicitor’s experience and specialist areas of practice.

You should look for a solicitor who priorities settlement, but can also be robust in proceedings if necessary. You should consider looking at members of Resolution, as these are solicitors who follow a code of constructive and non-confrontational practice.

Contact our divorce lawyers

Getting a divorce is a defining moment, financially, legally, and personally. The decisions you make now will shape your future for years to come.

With the right advice, you can protect your assets, prioritise your children, and move forward with confidence. Our family law solicitors combine technical expertise with a pragmatic, and empathetic approach, helping you resolve matters efficiently.

If you are getting a divorce, speak to our specialist team today who can help you understand what your next step could be. 

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