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23rd November 2021

Four things to consider before filing for divorce


The decision to file for divorce is not one that is taken lightly, and many spend a great deal of time weighing up the pros and cons of such a momentous life-altering choice. But what are some of the most crucial considerations when thinking about divorce? We take a look below:

filing for divorce

Before filing for divorce you should think about…

Meeting one of the five facts

Although changing in April of next year, current divorce law requires you to meet one of five facts that prove the marriage has irretrievably broken down. Subsequently one party must essentially blame the other party for the breakdown of the marriage The five rules are:

  1. Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. Two years’ separation (with consent from the other party)
  5. Five years’ separation (without consent from the other party)

. If you don’t meet one of the above criteria, or if you don’t wish to place blame on your spouse, then it may be worthwhile holding off on filing for divorce until changes come into force. To learn more about the changes to divorce law in April next year, take a look at our article on no-fault divorce.

Understanding the financial implications

Aside from the cost of actually filing for divorce, the financial implications of divorcing your spouse can be significant. It is highly recommended that you understand what financial information you may need to provide during the process. It is well worth noting that divorce does not mean that you remove your spouse’s ability to make a financial claim in the future, you can read more about this here.

Considerations for children involved

Whilst divorce is a stressful process at the best of times, proceedings involving children are doubly challenging, as parents negotiate where their children will live, how much and when they will see either parent and, any finances that will be required in order to support children. Of course, one of the main considerations for a parent prior to initiating divorce proceedings is how they will approach the divorce with regards to their child or children, and ultimately ensure the best resolution for them.

Finding the right support

The right legal support when issuing divorce proceedings is critical. A great family law solicitor will explain the process to you, learn about your situation and approach the process in the most appropriate way for you.

If you are looking to file for divorce but want the ideal family legal support in place to guide you through the entire process, speak to the Poole Alcock team today.

Free Consultation & Discussion

If you have a question about our Family Law services or would like to speak to a member of our friendly team, please complete the contact form below or call us for free on 0800 151 0516.