National Divorce Day - Tips for navigating through the divorce process

In this episode of Family Law in the UK, Family Law Partner Natasha Slabas is joined by Senior Associate Amelia Groom, for a discussion on National Divorce Day, and the tips and tricks for navigating through the divorce process.

Every year, the first Monday in January—often dubbed “National Divorce Day”—marks a surge in enquiries from people contemplating separation after the holidays. While it is a busy date in the family law calendar, for many it is a moment of clarity rather than impulsivity. We discuss how expert advice from a family lawyer you trust can turn a daunting period into a structured, safer process. A collaborative approach should be the default, with court reserved as a last resort—save where immediate protection or urgent court intervention is necessary.

How does the divorce process work in England and Wales?

In April 2022, ‘no fault’ divorce was introduced. You no longer need to prove any facts to evidence the end of the marriage, such as unreasonable behaviour; you simply confirm that the marriage has irretrievably broken down. The process is now online and that once an application has been issued and acknowledged by the other spouse, a mandatory 20‑week reflection period begins. Thereafter, an application can be made for the conditional order and then (after a further six weeks), you can apply for the Final Order, which legally ends the marriage. However, it is usually prudent to resolve the finances before finalizing the divorce.

Why is a financial order essential?

Without a sealed financial order, financial claims remain open indefinitely—even years after a divorce. The Supreme Court’s decision in Vince v Wyatt underlines the risk: absent an order, a spouse may bring claims long after separation, particularly if circumstances change markedly. A court-approved order “closes the gate,” providing certainty and protection.

What if it’s unsafe to remain under one roof?

In circumstances where there is domestic abuse, the Family Law Act 1996 offers protection. An occupation order can be obtained to exclude an abusive partner from the home, whilst a non‑molestation order can prevent harassment or abuse and can include protective provisions for children. In exceptional cases, protection can be sought “without notice”, meaning the order is initially made without the abuser being notified in advance.

What routes exist to resolve finances and children issues outside court?

Voluntary disclosure and solicitor‑led negotiations can progress matters efficiently. Mediation—often with “shuttle” arrangements where parties are kept separate—can be effective and is adaptable for safety concerns. Arbitration mirrors a private court process with a chosen specialist decision‑maker; it is faster, confidential, and now has clearer routes for appeal. Private FDRs (financial dispute resolution hearings) and round‑table meetings with a neutral evaluator offer judicial‑style guidance on likely outcomes at a time and place that suit the parties. Given court delays and last‑minute listing changes, these private routes are often the most pragmatic path to settlement.

What practical steps should you take early?

There are some important practical steps to consider. In particular, it is important to consider whether your Will needs to be updated, and to ensure that you have the right support around you. Divorce coaches, counsellors and specialist family therapists can help manage conflict, particularly around co‑parenting. They are also usually more cost‑effective than using legal time to process emotional issues, and targeted therapeutic input often improves legal outcomes.

What common misconceptions should you avoid?

Despite increasing public knowledge in relation to divorce, common misconceptions remain:

1. There is no “common law marriage” in England and Wales; cohabiting partners do not acquire the same rights as spouses by time alone.
2. Cohabitation and parenting agreements can be valuable frameworks but are not automatically binding.
3. Annulments exist only in limited, specific circumstances; they are far rarer than many assume.
4. In cross‑border cases, jurisdiction can materially affect financial outcomes; urgent advice is essential where multiple countries may be involved.

Top tips

Natasha and Amelia finish the episode by providing their top ten tips for navigating divorce and financial arrangements:

1. Remember that children come first. Always keep child arrangements distinct from financial issues and avoid using children as leverage.
2. Where possible, do not hastily leave the family home without advice; it is not fatal to your case, but preserving the status quo can be strategically helpful.
3. Use legal time wisely—choose a lawyer who is a good fit, streamline correspondence, and move on from a process that is not working rather than forcing it to fit.
4. Get organised early with disclosure documents – for example, by obtaining property valuations.
5. Be honest: full and ongoing transparency in financial proceedings is mandatory and builds credibility.
6. Do not expect conduct or adultery to drive financial outcomes; no‑fault divorce and the family court’s limited approach to conduct mean it rarely changes the result.
7. Inheritance is generally non‑matrimonial and less likely to be shared, subject to needs and how it has been used.
8. Be wary of “DIY” divorces that risk costly mistakes or leave claims open.
9. Keep court as the last resort.
10. Set clear objectives from the outset. By focusing on the long-term settlement you need, rather than short-term point-scoring, you will ensure a smoother divorce process and ultimately, a settled, secure future.

For more information about any of the issues covered in this episode, or if you need advice from one of our family law solicitors, please contact us via our online enquiry form.