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How to Prepare for Divorce: Checklist for 2021

07 Jul 2021

Posted in Family Law

Divorce is an emotionally draining and stressful process to go through, but if you know that your marriage has come to an end, then understanding how to prepare for divorce will help you get in the right place to proceed. We’ve put together a divorce preparation checklist that you can use so that every aspect is covered and ready to move forward.

Here Is the Divorce Preparation Checklist For 2021

Make Sure You Are Certain

The first thing you need to be certain of is that you want to proceed to a divorce. There are times where relationships can feel too hard to continue with, but divorce is final, and you need to be sure that you are ready to end the relationship for good.

Discuss Your Divorce Plans with Your Partner

Before you start divorce procedures, you will need to ensure that your partner understands that the relationship is over. Rather than rushing the process, give them some time to adjust and then begin. Doing this can help to make everything more amicable in the long run.

Have You Been Married Long Enough?

Divorce is not possible until you have been married for at least one year. If you have not yet passed the twelve-month mark, you will need to wait until it has passed before asking a family law firm to proceed. However, if you cannot wait, you can seek an annulment in certain cases, but this can be a drawn-out process that is hard to find proof for, so make sure you get advice before proceeding.

Get All the Required Information Organised

To initiate divorce proceedings, you will need to have an original copy of your marriage certificate and a valid address for your ex-partner. If you do not have these, then you will need to obtain them before you can proceed. Getting an original marriage certificate is straightforward and can be applied online or at the registry office in which you registered your marriage. If you married outside of the UK, you will need to contact the marriage authority in the place you got married.

Deciding the Reason You Will Cite When You or Your Partner File

There are five legal reasons to divorce in the UK:

  • Adultery
  • Two years of separation as long as both parties agree
  • Five years of separation with only one party needing to agree
  • Unreasonable behaviour
  • Desertion

Choosing the reason to file can be difficult, and deciding who will divorce who can lead to upset. However, it is worth being open and discussing your options if this is possible so that the process can go as smoothly as possible.

If you are applying for divorce based on agreed separation, then it may be worth considering if one of you can get a fee discount as it is only the Petitioner who can have the discount. You could also consider who is more proactive when it comes to paperwork as the Petitioner will need to complete three lots, and the Respondent will only need to do one. Whatever you decide, it is best done in agreement.

Consider Divorce Mediation

If you need help on learning how to prepare for divorce financially or arranging custody amicably, then divorce mediation may be a positive step to take prior to the divorce proceedings. Mediation will allow you and your partner to agree on reasonable ways to split your finances and your custody arrangements so that everyone affected has their needs met. To enjoy successful mediation, you will need to use a professional mediator, and everything agreed will help as the divorce proceeds so that there are fewer delays or issues that come up.

Contact a Will Writing Service

Preparing for a divorce covers all aspects of your life, and it is important to get other legal documentation like your will up to date. Updating your will gives clarity to your loved ones on what you want to happen should you no longer be around. Failing to update it will leave your spouse with the right to your estate, and this outcome is probably not the course of action you’d want to see happen. There are many solicitors that offer will writing London, and your family lawyer will either be able to do this for you or recommend someone that can.

Once you have everything ticked off your checklist, then you can be confident that you are ready to pursue a divorce with the support of family lawyers. If you need divorce lawyers London, then Pindoria Solicitors is here for you. We will work with you to achieve the best divorce agreement in the most amicable way so that you and your ex can move on successfully. Contact us today to solve divorce related questions, arrange an appointment.