Going through a divorce is rarely easy, and knowing where to start can feel overwhelming. Liverpool divorce lawyer Tracey Miller has guided many clients through this process, and seen firsthand that early preparation can make all the difference.
In this article, she lists the key steps to take to put you in control from the very start.
Speak to a divorce lawyer
The most common mistake I see people make is waiting too long to get advice. Booking an initial consultation with a divorce lawyer is simply about understanding where you stand. They can explain what your options are, roughly how long the divorce process might take, and what it could look like for your specific situation. Many expert lawyers – including myself! – will offer this initial consultation for free.
Even if you’re not sure divorce is the right step, speaking to a family lawyer early on means you can make decisions with a good level of knowledge. If you’re based in Liverpool, you might want to look for experienced specialist solicitors in your area. The earlier you start, the more time you’ll have to plan properly rather than react.
Make a list of your assets and property
Before anything formal begins, it’s worth sitting down and writing out everything you are aware of you and your partner own, jointly or separately. This includes the obvious things like the family home and any other properties but also cars, savings, investments and valuable possessions. Business assets count here, as well as personal assets.
Don’t worry about getting exact values at this stage. What matters is having a clear overview, because this list becomes the starting point for working out a fair financial settlement during divorce proceedings. My previous Tracy Miller Family Law clients have often been surprised by how much they’d forgotten about once they sit down and think it through.
Get all your documents ready in advance
It might feel tedious, but getting on top of your paperwork will save you a huge amount of stress later on, and it’s something every lawyer will ask for early in the process. Start gathering bank statements, mortgage documents, payslips, tax returns and financial information including for both joint and individual bank accounts. If you have a prenuptial agreement, now is the time to revisit it.
Your goal here isn’t to “build a case” against your partner. The financial side of divorce by its nature runs on paperwork, and the sooner your lawyer has a full picture, the sooner they can give you realistic advice. Keep copies of everything somewhere safe in case access becomes difficult later.
Don’t forget pensions in your divorce settlement
Pensions are one of the most overlooked assets in a divorce, but they can often be one of the most valuable in the long term. People tend to focus on the house because it’s the thing they can see and live in, but a pension built up over years or decades can be worth just as much, if not more.
Good family lawyers will always make sure pensions are properly considered, because if they’re left out of the conversation it can mean one person walks away significantly worse off in the long run without realising it until much later. The right approach to handling pensions will vary depending on your circumstances, how old you and your partner are and the ‘gap’ between the values of your pensions. Your options might include pension sharing orders, offsetting or attachment orders.
Decide your non-negotiables, and what you can compromise on
For some people, staying in the family home for the children’s sake is non-negotiable. For others, it’s about retaining a certain business asset or a prized family heirloom.
Whatever it is, knowing your priorities in advance will help stop you making decisions in the heat of the moment that you might regret. It will also help your divorce lawyer advocate for what actually matters to you rather than getting bogged down in things that don’t.
Consider mediation rather than going to court
Court should really be seen as a last resort, not the default starting point. The Liverpool family courts are in high demand and, as in the rest of the country, judges are calling for couples to attempt to resolve separations outside court.
Divorce mediation involves sitting down with a trained, neutral mediator who helps you and your ex-partner work through the practical issues. Not only is it less adversarial, but most couples will also find the process faster and cheaper than court proceedings. It can also help preserve a more amicable relationship between the parties going forward.
