When a married couple first reaches a decision to separate, they are often faced with a number of decisions to make:

• Should I be considering divorce? Is it too soon?
• Should I go and see a solicitor yet?
• Should we both remain in the family home?
• What shall we do about our finances in the meantime?

At Neves, we recommend taking independent legal advice at the earliest opportunity so that we can help you to navigate the early stages of separation. The biggest dilemma clients are often faced with is the decision about how soon they should be starting the divorce process. There are two different ways to approach this:

1. Should I commence the divorce straight away?

For some, the priority is to start the divorce process and tie up any loose ends with their partner at the earliest opportunity, to enable them to move on with their lives.

The divorce system in England and Wales is a ‘no fault’ system, meaning that you no longer have to give any reasons why you are divorcing your spouse. Equally, divorces cannot be defended. Given that it is now so easy to obtain a divorce, the government has introduced a ‘waiting period’ after your application is made before you can progress with the divorce. The waiting period is some 20 weeks. This means that divorces are currently taking around 6 months from start to finish.

We are, therefore, seeing that a lot of people are keen to start the divorce process as soon as possible, given how long it takes to conclude. The 20 week wait is an ideal time for separating couples to be having discussions and seeking to agree the terms of a financial arrangement between them. This can include arrangements for the family home, maintenance and pension provision, among others.

2. Should I delay the divorce?

An early divorce does not appeal to everyone and many clients have their own reasons for not wanting to divorce straight away. For some, the prospect of reconciliation cannot be discounted. Others have financial motivations for waiting. 

There are many reasons why you may feel that an immediate divorce is not appropriate. However, you may be concerned about how this will affect you in the future, particularly financially, if matters are left in abeyance. It is possible to enter into a separation agreement, detailing the terms of your separation. This can be converted into a formal agreement as and when divorce proceedings are underway. Many clients see this as an amicable alternative to an early divorce.

Seek advice early

Whichever option you choose, it is important to take legal advice at an early stage, so that you can ensure that any decision you take will not have an adverse impact on you in future.

If you would like advice and support regarding your separation, contact our Family Law team. Book a fixed fee consultation with one of our family lawyers today. Call 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.