Divorce can pose unique challenges for women and mothers. Being prepared can greatly ease the divorce experience and ensure a better outcome in the future. In this blog, we share key pieces of divorce advice specifically tailored to women and mothers. For expert guidance personalised to your circumstances, contact the team at DLS Solicitors to speak with one of our experienced divorce lawyers.
What do women need to know about divorce?
Divorce does not need to be full of conflict
It’s a common concern that divorce will be highly acrimonious, but in reality, many divorces today involve minimal conflict.
The divorce process has been simplified with the introduction of no-fault divorce, eliminating the need for one spouse to bear the blame for the marriage’s end and preventing the other spouse from contesting the divorce.
Decisions about dividing finances and making arrangements for children can often be resolved amicably. Spouses can voluntarily negotiate or use mediation to settle these matters outside of court, fostering a more harmonious resolution.
How does the divorce process work?
The divorce process has undergone changes since the introduction of no-fault divorce in April 2022. Here are the updated steps:
- Step one: Apply for a divorce. You can initiate this process individually through a ‘sole application’ or jointly with your spouse in a ‘joint application’.
- Step two: The court issues the application. The court formally acknowledges your application, ensuring it’s completed correctly and allowing your divorce to proceed. With a sole application, the court will send a copy to your spouse, who has 14 days to respond.
- Step three: Apply for the Conditional Order. After 20 weeks from the court issuing your divorce, you can apply for the conditional order (formerly known as the ‘decree nisi’).
- Step four: Apply for the Final Order. Six weeks after the conditional order is issued, you can apply for the final order, which legally dissolves your marriage. Once granted, your divorce is finalised.
If you’re considering starting a divorce application, we offer tailored divorce legal advice for women to assist in navigating this process.
How long does divorce take?
Under the updated law, the divorce process requires a minimum of 6 months to finalise. The timeline for reaching a financial settlement and making arrangements for children can vary, potentially concluding more quickly or taking longer based on individual circumstances.
Women tend to be more financially vulnerable in divorce
While women are increasingly maintaining their careers after having children, the financial resources available to women, particularly mothers, often remain limited compared to men. The gender pay gap persists, especially among individuals over 40, with the average divorced man holding three times the pension wealth of the average divorced woman.
For women going through divorce, seeking the best possible advice and support is crucial. With proper guidance, it is typically feasible to negotiate a financial settlement that adequately addresses your needs. This negotiation often involves working closely with your lawyer to finalise an agreement in a consent order.
If a settlement agreement cannot be reached through negotiation, you may require a final decision from an external party, such as an arbitrator or a judge in family court. An experienced family lawyer can assist in preparing your case and ensuring you receive the best possible representation, allowing you to secure a division of assets that meets both your current and future requirements.
What are women entitled to in a divorce?
When it comes to dividing your finances during divorce, you might assume that all assets will be split equally (50:50) between you and your spouse. While this is the starting point in theory, the actual division can vary depending on the circumstances.
In most cases, financial aspects of divorce are resolved through negotiation between the separating spouses, often with guidance from an experienced family solicitor. The outcome of these negotiations will depend on the agreement reached with your former partner.
Seeking early legal advice on women’s rights in divorce is crucial. A solicitor can help you understand how the law applies to your situation and assist in negotiating a fair settlement.
If you are unable to reach a voluntary financial settlement, you may need to apply to court for a Financial Order to determine how assets should be divided. The court considers various factors in deciding a fair division of assets, including:
- Ages of each spouse
- Length of the marriage
- current and expected future earning potential of each spouse
- Needs of any children
- Contributions made by each party during the marriage (financially and otherwise, e.g., childcare)
- Standard of living during the marriage
- Ongoing living expenses
- All available property and assets (including pensions)
If you must rely on the court to divide assets, consult a family lawyer experienced in applying for Financial Orders. They can assist with making the application and ensure you have the best possible representation in court proceedings, increasing your chances of achieving a fair outcome that meets your needs.
Who gets to stay at home during separation?
There is often an assumption that the woman will remain in the family home, especially if there are children involved. However, both spouses typically have equal rights to the home, so this assumption should not be taken for granted.
The decision about who stays in the family home is usually agreed upon by both spouses. If children are involved, their well-being should be prioritised, and if the matter goes to court, this will be the court’s approach as well.
If you have experienced domestic abuse during your marriage, you may be able to apply to the court for an injunction requiring your spouse to leave the family home. An experienced family lawyer can assist you with this application.
It’s important to note that moving out of the family home does not affect either spouse’s legal rights to the property in terms of financial division.
Who will get custody of the children?
While the term “custody” is commonly used when discussing children after divorce, it is not an officially recognised term and can create misconceptions. In family law, we prefer to use the term “child arrangements,” which is the language used within the legal system.
Determining where children will live and the contact they will have with each parent depends on the situation and, most importantly, what is in the best interests of the children. It is now typical for both parents to share care, with children spending time living with or in the care of each parent. Mother’s rights in divorce will vary based on circumstances, so seeking expert advice early in the process is crucial.
Ideally, child arrangements should be agreed upon voluntarily between parents to minimise conflict, which can impact children emotionally.
If reaching an agreement on child arrangements proves challenging or inappropriate, solicitors can assist with negotiations. Mediation, supported by an experienced family lawyer, can also facilitate agreement.
If no agreement is reached, you can apply to the court for a Child Arrangements Order. The court will assess your circumstances and determine appropriate arrangements, prioritising the best interests of the children.
Consulting with a family lawyer specialising in divorce advice for mothers ensures you make informed decisions that benefit your family.
Who should initiate the divorce?
If you are both residents of the UK, it no longer significantly matters who initiates the divorce due to the introduction of ‘no-fault’ divorce in England and Wales. This means there is no requirement to assign blame during divorce proceedings. Initiating the divorce typically does not provide a significant advantage, and you can even make a joint application with your spouse.
The only potential advantage of initiating the divorce is having slightly more control over the timetable. If your spouse initiates the divorce, they are responsible for applying for the necessary court order to finalise the divorce initially. If they fail to do so for any reason, you would need to wait an additional 3 months before being able to proceed, which would prolong the divorce process.
However, if either you or your spouse live outside the UK, the location where divorce proceedings are initiated can have a significant impact. In such cases, who starts the process may matter more. We strongly recommend seeking specialist legal advice if this situation applies to you. Our team specialises in providing divorce advice for women in the UK and has extensive expertise in international divorce matters.
How should women plan for a divorce?
Speak to a solicitor
It is crucial to consult with a specialised family lawyer before initiating divorce proceedings. They can provide clear guidance on your legal rights, especially concerning finances and children. A knowledgeable solicitor can ensure you fully comprehend the implications of divorce for you and your family and assist you in developing a suitable plan.
Think about the costs involved
You should carefully consider the financial implications of divorce, including your living expenses and the potential costs of legal advice you may require. It’s important to ensure you have funds available to cover these expenses.
Consider where you would like to live
Are you considering staying in your family home, or are you ready to embark on a new chapter? If you’re planning to move out, have you thought about where you’ll go next? Do you have funds set aside for rent or to purchase another property? If you’re hoping your spouse will move out, are they likely to agree, and where would they go?
It’s crucial to weigh your options carefully and be realistic about factors like affordability, such as whether you can manage the mortgage and other expenses associated with staying in the house.
How will you explain the situation to your children?
Divorce can be challenging for children, and their reaction can vary depending on their awareness of tension within the marriage. It’s important to gauge their thoughts and potential reactions to ensure you can break the news in a way that is most manageable and understandable for them. Understanding their perspective can guide how you approach discussing the divorce with them.
Consider relationship counselling
Even if you are certain that divorce is the right decision for you, relationship counselling can assist in making the separation more acceptable for your spouse and in managing the emotions that arise from it. It can also support you in maintaining a positive relationship going forward, which is particularly valuable when you have children together.
How do I prepare to leave my husband?
Leaving a marriage is a significant decision, both practically and emotionally. While each situation is unique, important steps to prepare may include:
- Consider the practical aspects, such as where you will live and how you will manage your day-to-day expenses.
- Seek expert legal advice to understand your rights and explore your options.
- Carefully plan what you will communicate to your husband, children, and extended family and friends.
We can provide specialised legal advice to assist you through a streamlined and stress-free divorce process, offering tailored support for women, mothers, and anyone seeking assistance.
