Divorce in 2026: What You Need to Know Before You Start Proceedings

Deciding to divorce is rarely straightforward.

Even where both people agree that the marriage has come to an end, the legal, financial, and practical decisions that follow can feel overwhelming. For many people, the divorce application itself is only one part of a much wider process involving children, property, pensions, income, business interests, and future living arrangements.

Since the introduction of no-fault divorce in England and Wales, the process has become less confrontational in principle. However, that does not mean divorce is always simple.

Before starting proceedings in 2026, it is important to understand what divorce does and does not resolve, how long the process may take, and why early legal advice can make a significant difference.

Here are 10 key points to consider before you begin.

1 – Make Sure You Are Eligible to Divorce

In England and Wales, you can usually apply for a divorce if:

• You have been married for more than one year
• Your marriage is legally recognised in the UK
• Your relationship has permanently broken down

You no longer need to prove blame, such as adultery or unreasonable behaviour. Instead, the court accepts a statement that the marriage has irretrievably broken down. This can help reduce conflict, but it does not remove the need for careful planning.

2 – Understand the Divorce Timeline

Divorce is not immediate. Once the court has issued the divorce application, there is a minimum 20-week waiting period before you can apply for a conditional order. After the conditional order is made, you must usually wait at least 6 weeks and 1 day before applying for the final order.

In practice, financial arrangements, child arrangements, or court delays may mean the process takes longer.

What troubles us most is when people assume that starting the divorce application will resolve everything quickly. The legal end of the marriage is only one part of the wider separation process.

3 – Decide Whether to Apply Jointly or Individually

Under the current divorce system, couples can apply jointly or one person can apply as a sole applicant.

A joint application may be suitable where both parties agree that the marriage has ended and are able to cooperate. A sole application may be more appropriate where communication is difficult, one person is not engaging, or there are safeguarding concerns.

The right approach will depend on your circumstances. Before applying, consider whether a joint application is realistic or whether it may create unnecessary delays later.

4 – Do Not Assume Divorce Resolves Financial Claims

This is one of the most common misunderstandings. A final order legally ends the marriage, but it does not automatically dismiss financial claims between spouses. Without a legally binding financial order, claims relating to property, pensions, savings, income, or future assets may remain open.

Financial arrangements should usually be dealt with alongside the divorce process. If you reach an agreement, a solicitor can help prepare a consent order for court approval.

5 – Take Pensions Seriously

Pensions are often one of the most valuable assets in a marriage. However, they are frequently overlooked, particularly where one person has taken time away from work to raise children or support the family.

A financial settlement may need to consider:

• Workplace pensions
• Private pensions
• Pension sharing orders
• Pension offsetting
• Retirement income needs

Ignoring pensions can lead to unfair outcomes that may only become clear many years later.

Early legal and financial advice can help ensure pensions are properly valued and considered.

6 – Think Carefully About the Family Home

For many separating couples, the family home is both the most valuable asset and the most emotionally difficult issue. Questions may include:

• Will the property be sold?
• Can one person remain in the home?
• How will the mortgage be paid?
• Is a transfer of ownership required?
• What happens if children are living at the property?

It is important not to make informal promises about the home without understanding the legal and financial consequences.

What may feel like a practical short-term solution can create long-term difficulties if it is not properly documented.

7 – Put Children’s Arrangements First

Where children are involved, their welfare should be the priority. Parents will need to consider arrangements such as:

• Where the children will live
• How much time they spend with each parent
• School holidays
• Birthdays and special occasions
• Child maintenance
• Communication between parents

Where possible, arrangements can be agreed without court involvement. Mediation may help parents resolve disagreements constructively.

In some cases, families may be eligible for support through the Family Mediation Voucher Scheme, which can provide a contribution towards mediation costs.

8 – Consider Mediation and Other Out-of-Court Options

Court is not the only way to resolve divorce-related issues. Many separating couples are encouraged to consider mediation, negotiation, collaborative law, or arbitration before making court applications.

These options can often be:

• Less stressful
• More private
• More cost-effective
• Quicker than contested court proceedings

Mediation is not suitable for every case, particularly where there has been domestic abuse, coercive control, or a significant imbalance of power. However, where it is appropriate, it can help people reach practical agreements while reducing conflict.

9 – Gather Financial Information Early

Before meaningful financial discussions can take place, both parties need a clear picture of the marital finances.

This may include:

• Bank statements
• Mortgage statements
• Property valuations
• Pension valuations
• Business accounts
• Details of debts
• Income information
• Savings and investments

Incomplete financial disclosure can delay settlement and increase costs. The sooner this information is gathered, the easier it is to understand the options available.

10 – Get Advice Before Making Major Decisions

Separation often brings pressure to make quick decisions. You may be asked to move out, agree to a financial split, change mortgage payments, divide savings, or make arrangements for the children before you have taken advice.

The uncomfortable truth is that early decisions can have long-lasting consequences. Before agreeing to anything significant, it is sensible to understand your legal position and the potential impact on your future.

The Cost of Getting It Wrong

Divorce is not just an administrative process. It can affect where you live, your financial security, your retirement planning, your relationship with your children, and your ability to move forward with confidence.

Many difficulties arise not because people intend to create problems, but because they make decisions without understanding the legal consequences. By the time a dispute has escalated, the emotional and financial cost is often much higher than it would have been if advice had been taken earlier.

What Should You Do Before Starting Divorce Proceedings?

You do not need to have every answer before speaking to a solicitor. However, it can help to think about:

1. Whether you want to apply jointly or individually
2. What financial information you have available
3. What arrangements may be needed for children
4. Whether the family home needs urgent consideration
5. Whether mediation or negotiation may be appropriate
6. Whether there are pensions, businesses, trusts, or overseas assets involved

Taking early advice does not mean making the process more confrontational. It means understanding your options before important decisions are made.

How Gordon’s Partnership Can Help

Gordon’s Partnership advises clients on all aspects of divorce, separation, financial settlements, child arrangements, and family law disputes.

Our experienced Family Law team provides clear, practical advice tailored to your circumstances, helping you understand your rights, protect your interests, and make informed decisions about the future.

Whether you are considering divorce, have already started proceedings, or need advice on financial or child arrangements, we can guide you through the process with sensitivity and care. To discuss your circumstances, please contact a member of our Family Law team.