Facing legal separation: What are your priorities and timelines? – The decision to separate is never easy. With shared belongings, responsibilities and perhaps even a home to think about, the process often feels overwhelming.
If you’re ending a relationship in either England and Wales, no-fault divorce now offers the potential to reduce conflict and separate without formal blame. If you are at the start of this journey, practical steps can help give you something to focus on as you start to build an independent life again.
Understanding the no-fault framework
Under current law, the only ground for divorce is the irretrievable breakdown of the marriage. You no longer need to prove ‘unreasonable behaviour’ or any previous separation periods.
Once you submit the application, a compulsory 20-week reflection period begins. This aims to give couples time and space to consider whether reconciliation is possible or, if not, to think about your future and practical arrangements.
Choosing your process
You can apply for a divorce either solely or via joint application with your spouse. Joint applications can set a much more collaborative tone from the start and might help you to process things together.
In complicated circumstances, many couples find that mediation can help them to reach agreements without the stress of a courtroom. If you’re looking for some clarity on costs, you might find it helpful to explore fixed-fee options with family law solicitors, who can help you to understand the level of commitment involved.
Documenting the essentials
Before legal discussions get started, it’s worth putting together a clear picture of what your shared and independent lives look like. This could include:
- Financial information: Write a comprehensive list of your assets and debts, including your property and money. If you have a shared savings account, you’ll need to decide how to split it.
- Income and outgoings: Formal separation usually means splitting one household into two, so you’ll need to set a realistic monthly budget if you’re still going to share money.
- Parenting: To avoid arguments and complications down the line, you should agree on a written outline of how you’d prefer to share care responsibilities for your children.
Setting a realistic timeline
Every case varies, but the legal process typically follows a structured pathway. Before you formally enter proceedings, you can prepare yourself for:
- Application: You’ll need to build up to agreeing to start the process. Take your time and make sure you’re on reasonable terms.
- Reflection period: The 20-week cooling-off period starts, giving you time to think about your decision and discuss any concerns.
- Conditional Order: Formerly the decree nisi, this will confirm that you’ve both met minimum legal requirements.
- Final Order: This can be applied for up to six weeks and one day after the Conditional Order.
You should expect the process to take a minimum of six to eight months overall, but remember, financial settlements can sometimes take much longer.
Protecting your peace of mind
Having a plan before starting the process will help you to agree on who stays in the family home and who pays the bills. You should also be proactive and responsible in planning a routine for the children.
Clear, calm communication can feel impossible when you’re angry, but it could prevent small misunderstandings from escalating into legal disputes.
Poppy Watt