There are so many things to consider when you make the decision to divorce or dissolve your civil partnership. Senior Associate, Heidi Fleming, sets out some practical steps to take before saying to your partner that you want a divorce.

1.    Educate yourself on your legal rights

This is the most important step and that’s why it is number one. Take early advice from a specialist family solicitor. At Neves, we offer a fixed fee initial consultation. This 60-minute consultation will provide you with a sound understanding of your legal rights and you will come away with a plan of action.

Choose a solicitor who is a member of Resolution. Resolution members follow a code of practice that promotes a non-confrontational approach to family problems. They encourage solutions that consider the needs of the whole family and in particular the best interests of any children. This can save you both time and money. 

Most of the Family Lawyers at Neves are members of Resolution and some of our experts hold Specialist Accreditations.

2.    Do you have children?

Whilst this is number two on this list, it is likely to be the number one priority for most people.
Consider how you are going to tell the children. CAFCASS represent children in family court cases in England and they have some very helpful literature on their website surrounding separation and how to tell the children. Parenting together - Cafcass - Children and Family Court Advisory and Support Service

3.    Do you have money in a joint bank account and if so, is it substantial?

Be careful, anything in a joint account is joint money. Either of you can remove it entirely without the other person's knowledge or permission. You can pursue arguments within financial remedy proceedings for it to be included in the computation of settlement, e.g. your ex has already had this amount, but this doesn’t help if you need the money to meet your immediate expenditure.

If the money in the bank account is the only asset, you may need a freezing injunction to prevent the bank account from being drained. Alternatively, you may wish to consider transferring 50% out of the joint account into your sole account. These monies should only be used to meet your living expenses.

4.    Contact other experts

Financial Advisor
Now you have decided to separate, you need to consider many things. Where will you and the children live? How will you pay for everything? What will you do in retirement? How will you pay for the divorce? are just some of the main questions you will have. Whilst a family solicitor can tell you legally where you stand and the prospect of success of any claims you have against your soon to be ex, you need to know what you can bring to the table and what your financial future will look like. Seek advice from a financial advisor, consider your options; what is and isn’t affordable to you. Not only will this provide you with some clarity, but it will also inform your decision making as you go through the separation and the conversations you will have with your ex in those early stages.

Estate Agent
Speak with an estate agent to advise on housing in the area; how much it will cost to move, and what your home or properties may be worth. 

5.    Familiarise yourself with the financial assets

Pay attention to financial documentation; bank account statements, tax returns and make a note of account numbers. Once separation occurs you both will have to provide financial disclosure of what you do have, and you want to ensure that all your and your ex-partner's assets and accounts are accounted for.

6.    Talk to someone
Be careful about who you choose to confide in but do get help and support from a trusted person that you know or a trained counsellor or therapist. You are about to embark on a journey to a new beginning but before you get there it’s not going to be easy, you may find it hard financially and emotionally and knowing you are ready is half the battle.

I wanted to make this list to help people think about some of the practical steps because separating is never easy. The Family Team is here to help guide you through the process and to alleviate some of the stress. So, if you are contemplating separating, or you have already separated, contact me or another member of the Family Team for an initial consultation now.

Call 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.