If you’re thinking about separating from your spouse, it’s natural to have questions about what comes next. Divorce is about much more than ending a marriage. It can affect your finances, your home, your children and your future.
Speaking to an experienced divorce solicitor early on can help you understand your legal position and give you the confidence to make informed decisions. While every family is different, there are some questions that almost every client asks during their first appointment.
Here are ten of the most common questions our family law solicitors are asked, together with some general guidance on what you can expect during the divorce process in England and Wales.
1. What should I do before starting divorce proceedings?
Before taking any formal steps, it’s worth speaking to a specialist divorce lawyer to understand your legal rights and options. You don’t have to begin divorce proceedings straight away, but early legal advice can help you avoid making decisions that could affect your financial settlement or arrangements for your children.
It’s also sensible to gather key financial documents, think about your future housing needs and consider what arrangements might work best for your family.
2. What happens to the children?
For most separating parents, this is the most important concern.
The court’s priority is always the welfare of the children, and wherever possible parents are encouraged to agree child arrangements between themselves. This includes deciding where the children will live, how much time they’ll spend with each parent, arrangements during school holidays and how major decisions will be made.
Many families reach an agreement through negotiation or mediation, but if that’s not possible, the court can make a Child Arrangements Order.
3. Do we have to split everything equally?
Not always.
Although a 50/50 division of assets is often the starting point, the court’s aim is to achieve a fair outcome rather than simply dividing everything equally.
When deciding on a financial settlement after divorce, the court considers factors including each person’s income, future earning capacity, housing needs, pensions, contributions made during the marriage and the welfare of any dependent children.
4. Can I stay in the family home?
In many cases, yes.
Whether you can remain in the property depends on your circumstances and who legally owns or rents the home. If the property is jointly owned, both spouses will usually have rights to occupy it. Even where it’s owned by just one spouse, the other may still have legal rights that offer protection.
The long-term future of the property is normally dealt with as part of the overall divorce financial settlement.
5. Will we have to go to court?
Not necessarily.
Many couples are able to resolve issues through solicitor negotiations, mediation or other forms of alternative dispute resolution without attending a contested court hearing.
Court proceedings are generally only needed where agreements cannot be reached, financial information hasn’t been disclosed properly, or there are concerns about children’s welfare or domestic abuse.
6. What happens to pensions during a divorce?
Pensions are often one of the largest assets accumulated during a marriage, yet they’re frequently overlooked.
Depending on your circumstances, pensions may be shared between spouses or balanced against other assets as part of the overall financial settlement. Obtaining specialist advice is often important to ensure pensions are valued correctly before any agreement is reached.
7. What if my spouse hides money or won’t disclose their finances?
During divorce financial proceedings, both parties have a legal duty to provide full and honest financial disclosure.
If you believe your spouse is hiding assets, understating their income or refusing to provide information, there are legal processes available to obtain disclosure and, where necessary, ask the court to intervene.
Failing to disclose assets can have serious consequences and may affect the outcome of the case.
8. How long does a divorce take?
Under the no-fault divorce process in England and Wales, there are mandatory waiting periods, meaning the legal process cannot usually be completed in less than six months.
However, where finances, pensions, property or arrangements for children remain unresolved, the overall process can take considerably longer.
Every case is different, and an experienced divorce lawyer can advise on likely timescales based on your circumstances.
9. What happens if my spouse owns a business?
A business can form part of the matrimonial assets, even if only one spouse owns or manages it.
The court will consider factors such as the value of the business, the income it generates and whether it was built before or during the marriage. Specialist business valuations are often required to ensure the overall settlement is fair without unnecessarily affecting the operation of the business.
10. How will my pension be affected during a divorce?
Many people are surprised to learn that pensions can be one of the most valuable assets to consider during a divorce—sometimes worth more than the family home.
As part of the financial settlement, pensions are taken into account alongside other assets such as property, savings and investments. Depending on your circumstances, the court may decide that a pension should be shared between spouses, offset against other assets or, in some cases, left unchanged.
The right approach will depend on factors including the length of the marriage, each person’s financial needs, retirement plans and the value of any other matrimonial assets. In more complex cases, an independent pension expert may be instructed to provide a valuation and advise on how any pension should be divided fairly.
Because pension arrangements can have a significant impact on your financial future, it’s important to seek specialist divorce advice before agreeing to any financial settlement. An experienced divorce solicitor can help ensure your long-term interests are properly protected.
Speak to Our Family Law Solicitors
Every divorce is different, which is why tailored legal advice is so important. Whether you need guidance on child arrangements, financial settlements, pensions, business assets or the divorce process itself, our experienced family law solicitors are here to help.
At Ringrose Law, we provide clear, practical divorce advice . We’ll explain your options in plain English, protect your interests and support you at every stage of your divorce.
If you’re considering divorce or have already separated, contact our specialist family law team to arrange a confidential initial discussion and find out how we can help.
