So, you’ve booked in to see a solicitor regarding your divorce. Now what?
Are you asking yourself what you can do now to ensure the process goes smoothly and efficiently? Are you also concerned about how to protect certain financial assets in the meantime?
If you are, this guide is intended to answer your questions.
- Find your marriage certificate
We will need the original marriage certificate to submit a divorce application. If you cannot find it, contact the registry where your marriage was registered and see if they are able to provide you with a copy. There will be a small charge for this service.
If you were married in the United Kingdom, you can order a new one online for a small fee on the Government website webpage ‘Order a birth, death, marriage or civil partnership certificate’. If you were married abroad, speak with your solicitor and the two of you can come up with a plan to obtain a replacement.
- Have contact details for your spouse
When the divorce application is issued by the court they will issue it to your spouse. Therefore, you will need their contact details to provide to the court. Email addresses are the preferred method, but a paper copy of the divorce application can be sent if not.
- Consider protecting financial assets
If the family home is in your spouse’s sole name, you may consider applying for a matrimonial home rights notice. This protects your right to remain in the property and also prevents the property from being sold or remortgaged until you reach an agreement. You can discuss this process with your solicitor.
Similarly, most banks will be able to ‘freeze’ bank accounts to prevent withdrawals whilst allowing standing orders to continue if you are concerned about going overdrawn. You would then both need to agree to ‘unfreeze’ the account later.
- Sever the joint tenancy
If you jointly own your home with your spouse, you may own this under a joint tenancy. This means that on your death your interest in the property will automatically pass to the other party regardless of whether your Will states otherwise.
To avoid this, you would need to look at severing the joint tenancy so that you own the property as tenants in common. As tenants in common you will each own a specified share in the property.
For more information on the difference between holding property as joint tenants and as tenants in common, our colleague Rachel Townsend in our conveyancing department has a helpful post linked here:
Understanding Joint Property Ownership
If you are unsure whether you own the property as joint tenants or as tenants in common, please speak with your solicitor regarding this.
To begin the process, speak to our conveyancing team today by submitting an enquiry on the conveyancing webpage linked here:
- Consider preparing / amending your Will
Even if you have severed the tenancy, if you do not have a Will, on death the Intestacy Rules will apply. Under these rules, as your spouse is your next of kin, your share of the property would still go to them. Therefore, it is a good idea to give some thought to your Will.
To ensure that your share passes to your loved ones in line with your wishes, you should look at making a Will. At Martyn Prowel Gartsides our Wills team would be happy to see you and complete this for you at a fixed fee of £300 plus VAT (£360 in total) for a single Will. You can contact our Wills department by making an enquiry on our Wills page linked here:
- Organise your financial documentation
In order for us to advise you regarding your finances there will need to be a full and frank exchange of finances between you and your spouse.
It is therefore a good idea to be proactive and start collating your financial information now to keep your legal costs down and prevent delays.
- Think about your financial future
You may wish to begin thinking about how to proceed in regard to your future finances. For example, it would be helpful to think about what you would like to happen with the family home, cars, pensions, investments or other assets. We would hope to discuss this with you and help you work towards a realistic outcome.
To begin the divorce process or to sit down with one of our team for a confidential fixed fee appointment, please contact our family team here:
Or telephone our offices on 029 2047 0909 or 01873 873555.
We have offices in Abergavenny, Ebbw Vale, Newport, Cardiff and Bridgend and our friendly team would be happy to sit down with you. We can also arrange an appointment by telephone call or online in whichever way is more convenient to you.