One of the questions we are frequently asked is from spouses that have been considering separation for a while – is there a good time to do it? Making decisions on separation and divorce are unlikely to be easy and so many questions arise.
When should I start a divorce?
There is no ‘right time’ to separate – it depends on yours and spouse’s personal, financial, and emotional circumstances. However, planning ahead can help minimise disruption, particularly if there are children or shared finances involved. Since the introduction of no-fault divorce in April 2022, couples no longer need to assign blame for the breakdown of the marriage. This makes it easier for spouses to separate co-operatively and focus on reaching fair agreements rather than arguing about who was at fault.
There may be tax implications if you are seeking to transfer assets outside of the tax year in which you separated. It may therefore be worth speak to a tax advisor additionally should you wish to plan the separation/transfer of assets inside the tax year.
I am concerned that my spouse will not disclose all of his/her assets. What are the legal obligations?
During divorce proceedings, both parties are legally required to provide full and frank disclosure of all their assets, liabilities, income, and pensions. This ensures that any financial settlement is based on accurate and fair information. Failing to disclose assets can have serious consequences, including court penalties and the possibility of any settlement being reopened later.
There are generally two routes for financial disclosure:
- Voluntary disclosure – This can be carried out between solicitors, through mediators, or directly between the spouses using Form E. This approach is often quicker and less expensive. However, because it takes place outside of court, there is no legal enforcement mechanism. If one party lies or fails to disclose something, it can be difficult to compel them to provide accurate information.
- Court-ordered disclosure – When financial matters go through the court, both parties are under the court’s jurisdiction and have a legal duty to give honest and complete disclosure. The court has the power to make disclosure orders or other directions if there is evidence that one party is concealing assets or being dishonest. It can sometimes be difficult to prove that your spouse is being dishonest about their assets, so it is important to seek legal advice if this is the case. A solicitor can help you assess whether it is worth pursuing the matter through the court process, as court proceedings can be both expensive and time-consuming. They will also advise you on the likelihood of success and whether the potential amount of money recovered would justify the cost, as in some cases, the legal fees involved can outweigh the value of the hidden assets.
If there are genuine concerns about hidden assets, your solicitor may advise instructing a forensic accountant to trace undisclosed funds or investigate complex financial arrangements. Instructing a forensic accountant will, of course, add to the cost of the separation — if cost is a concern, there’s more on that below.
How long can a spouse drag out a divorce?
On average, a straightforward no-fault divorce takes around 6–8 months from start to finish, depending on how efficiently both parties respond to paperwork and court timelines. No-fault divorce means neither party has to prove wrongdoing, which usually speeds up the process and reduces conflict, as there are no formal grounds to dispute the reason for the divorce itself.
That said, while a spouse can no longer contest the divorce under the no-fault system (except in very limited circumstances such as jurisdictional issues or validity of the marriage), they can still cause delays through non-cooperation, for example, by failing to return paperwork, not engaging in discussions, or avoiding deadlines.
The most time-consuming part of a divorce is often the financial order (the process of dividing assets property, pensions, and other financial matters). This stage can be lengthy, particularly where there are significant or complex assets or where there is a high level of disagreement. In these cases, the process of reaching or finalising a financial settlement can take many months or even years.
If you’re facing delays, or your spouse is being uncooperative, it’s important to seek legal advice early. A solicitor can help you understand your options for progressing the case, advise when it might be appropriate to apply for a financial order, and ensure that your interests are protected throughout the process.
What happens with regards to any monies I expect to inherit after my divorce?
Inheritances received after a divorce are generally not included in the matrimonial assets to be divided. However, if an inheritance is received before or during the marriage and has been mingled with shared assets (for example, used to purchase the family home or pay joint expenses) it may be considered part of the marital pot.
In some cases, inherited money can be ringfenced (meaning it is kept separate from the marital assets) particularly if it has been maintained in a separate account and not used for joint purposes. However, the court’s overriding consideration is need. If one party requires financial support to meet housing or living needs, an inheritance that might otherwise have been ringfenced can sometimes be taken into account to achieve a fair outcome.
Courts will also consider your future financial needs and those of your ex-spouse and any children. It’s best to seek tailored advice to understand how a potential inheritance might be treated in your particular circumstances.
How much does a divorce cost?
The divorce itself is relatively straightforward and inexpensive compared to resolving financial matters. If you choose to handle the divorce yourself through the government’s online system, you’ll only need to pay the court fee of £612 (no VAT applies).
If you instruct a solicitor to manage the process on your behalf, most firms charge a fixed fee in addition to the court fee. For example, we charge £600 plus VAT, plus the court fee. This covers preparing and submitting all necessary paperwork and guiding you through the process from start to finish.
The cost of reaching a financial order, which formalises how assets, property, and pensions are divided, varies depending on how amicable the process is:
- Amicable, straightforward settlement – typically £1,500–£3,000 plus VAT and disbursements.
- Average divorce – where negotiation or limited court involvement is needed, costs usually range from £3,000–£7,000 plus VAT and disbursements.
- Contentious or complex financial disputes – where one party is uncooperative or assets are extensive, costs can exceed £10,000–£20,000 plus VAT and disbursements or more.
- Full court proceedings for financial matters – if a financial dispute proceeds all the way to a final hearing, total legal fees can reach £20,000–£50,000 plus VAT and disbursements or more, depending on the complexity of the case, the number of hearings, and the level of disclosure required.
Additional expenses can arise, such as the cost of a forensic accountant (typically £5,000–£15,000), an actuary (typically £1,500 – £3,000) or independent valuations for property and business interests.
Who pays for a divorce?
Traditionally, the person who applies for the divorce (the applicant) pays the initial court fee and their own solicitor’s costs. However, it’s quite common for the parties to agree that one person will cover the divorce costs in full, or that the costs will be shared equally — particularly in amicable, no-fault divorces.
In some cases, the court can make a costs order, requiring one party to contribute to or pay the other’s legal fees. This usually happens where one spouse has behaved unreasonably during proceedings or caused unnecessary delays. These are known as punitive costs orders, though they are relatively rare and applied only in exceptional circumstances.
In short, who pays for the divorce can either be agreed between the parties or, if no agreement is reached, decided by the court depending on the conduct of both sides.
What am I entitled to in a divorce?
This is a complex question and depends on a range of factors, including the length of the marriage, each party’s income, contributions, financial needs, and the welfare of any children. While a roughly equal division of assets is often a starting point, courts have wide discretion to adjust the balance based on individual circumstances.
For example, if one spouse has significantly higher earning potential or if there are dependent children, settlements may favour the spouse in the weaker financial position. To best understand what you are entitled to, you’ll need the advice of an expert family law solicitor.
Who gets the house in a divorce with children?
There is no set rule about who gets the house in a divorce, despite the common assumption that the mother/wife automatically does. Each case is decided on its own facts and tailored to the specific needs and circumstances of the family.
When children are involved, their welfare is the court’s top priority. Sometimes, the parent who is the primary carer for the children will remain in the family home, at least temporarily, to provide stability for the children. However, the court will also look closely at affordability as it may not always be realistic for one party to keep the house if it is too large or expensive to maintain. In many cases, downsizing becomes necessary so that both parties can have suitable, sustainable accommodation.
The court will consider each party’s financial position, income, and ability to afford mortgage payments or rent. Both parties are required to complete detailed expenditure and financial disclosure forms (within their respective Form Es), setting out their income, outgoings, and assets. This helps the court understand what each person can realistically afford and whether spousal maintenance may be required for one party where there is a large disparity in income.
If the parties can reach an agreement on what should happen with the house, this can be formalised through solicitors and approved by the court as a consent order. This route is usually faster, less stressful, and more cost-effective. If an agreement cannot be reached, then the court will need to step in and make a decision.
In some cases, the house may be sold and the proceeds divided, while in others, one parent may remain in the home until the youngest child reaches adulthood, after which the property is sold or transferred. The outcome depends entirely on what arrangement best meets the needs of the children, can be agreed if at all, and ensures fairness between both parties.
Further questions? Please contact our family team who will be happy to help.