Preparing for divorce

Divorce is a significant life event that involves a host of emotional, legal, and financial complexities. While it's natural to feel overwhelmed, being equipped with the right knowledge can help you feel more prepared for your future.

Enquire about mediation

Contact us

Whether you're aiming to get a grip on your finances, considering family mediation, or wondering how to approach plans relating to your children, this guide walks you through what to consider when preparing for a divorce.

Mentally preparing for divorce

The process of divorce is not just a legal endeavour but also an emotionally taxing experience. It is a time of upheaval that can be draining both mentally and emotionally. This is why mental preparation can be just as important as sorting out the legal and logistical aspects.

Organise your documentation and information

During this emotionally challenging time, finding structure can be a welcome relief. By taking the time to get organised—be it sorting through essential documents or working on a budget—you might not only reclaim a sense of control, but also free up mental and emotional space that may be needed for emotionally charged topics that may arise.

Legal documents

Accessibility is key when it comes to legal documentation. Ensure that you have both original and scanned copies of your marriage certificate, prenuptial agreements (if appropriate), and any other pertinent legal documents. Create a digital folder with scanned copies of important IDs such as passports and driver's licences for you, your spouse, and your children.

Cloud storage services like Dropbox or Google Drive can be incredibly useful for this, allowing you to share essential files with your legal team or mediator easily.

Assets & liabilities

When dealing with the financial aspects of divorce, it can be helpful to have a full picture that extends beyond just your income and expenses. Here's how to make sure you're covering all your bases:

Assets: Detail everything you own, from properties and investments to valuables like art or jewellery.

Liabilities: List all your debts, including credit card debts, mortgages, and any other loans you might have.

Ensure that all this financial information is up-to-date and accurate. Having a thorough and organised account of your assets and liabilities will make the divorce process smoother and more straightforward.

Professional consultation

It can be highly beneficial to consult professionals during this time. Create a list of potential lawyers, financial advisors, and therapists. Gather reviews and referrals to make the selection process smoother when you decide you need their expertise.

Create a calendar to mark out key milestones in your divorce journey, such as court hearings or divorce mediation. This will help you stay on track and make sure you're prepared for each upcoming event.

Take a proactive and cooperative approach

Facing the end of a marriage is undoubtedly a challenging experience laden with emotions. In what is potentially a charged environment, it's all too easy to point fingers and place blame.

However, taking responsibility in the context of divorce doesn't necessarily mean admitting fault for the breakdown of the marriage.

Rather, it's about adopting a proactive approach and working collaboratively with your spouse wherever possible to find a mutually agreeable outcome. This approach is commonly used in mediation, enabling participants to reach an agreement with the help of a professional mediator.

Here are some tips for maintaining a cooperative approach to divorce:

Open communication: Even though conversations might be difficult, maintaining open lines of communication with your spouse, where it is safe and appropriate to do so, can help you both understand the necessary steps that need to be taken. Transparency in communication can facilitate the process significantly. This doesn't mean you have to agree with everything the other party says, but understanding their point of view can sometimes make it easier to find middle ground.

Mutual decision-making: Whether it's dividing assets or making arrangements for children, make a concerted effort to come to decisions mutually. This is not just fair, but also often faster than unilateral decision-making, which can lead to conflicts and delays.

Be honest and upfront: Honesty is crucial when dealing with financial disclosures and discussing your needs and concerns. The more straightforward you are, the less room there is for misunderstandings or disputes.

Incorporating a cooperative approach doesn't just benefit you; it can also be less emotionally taxing for any children involved and can create a more amicable post-divorce relationship with your ex-partner. Taking part in mediation during this time can be beneficial, helping to maintain a cooperative environment and assisting both parties in finding middle ground.

Preparing for resistance

The divorce process can be fraught with emotion, and resistance may often stem from a place of uncertainty about the future. However, it could be beneficial to keep in mind that the end goal is generally to find an equitable and mutually agreeable solution.

Preparing yourself this way can help to overcome any potential resistance. Remember, being inflexible could hamper this objective and may even escalate tension and conflict.

Adopting a flexible approach can help encourage open exploration of solutions to problems, which can in turn help achieve a more successful mediation outcome.

Getting support

When going through a difficult emotionally charged time, the support system you have can make all the difference. Your friends and family are invaluable assets during this period, offering emotional sustenance that is hard to quantify but easy to feel. They offer a comfort zone where you can freely express your concerns, fears, and hopes without judgement. Their familiarity can provide a much-needed grounding effect, a reminder that life continues beyond the legal proceedings.

Friends and family can also assist in day-to-day logistics, whether it's watching the children for a few hours while you meet with your lawyer or simply being there to help you sort through documents. Their roles can be multifaceted, providing not just emotional support but also practical help that makes the complicated divorce process a bit more manageable.

Support doesn’t just stop with friends and family, professionals like mediators can bring legal expertise to help you navigate the divorce process.

Financially preparing

Navigating the financial aspects of a divorce can be complicated, but preparing ahead can offer some clarity.

Cost of divorce: The cost of divorce can vary greatly depending on the route you take. Mediation is often a less expensive option compared to a traditional court process.

Documentation: Gathering financial documents is crucial. This includes bank statements, property deeds, tax returns, and details of marital and non-marital assets. Keep in mind this checklist is not exhaustive; a more detailed list can be found in our forthcoming financial preparation guide.

Avoiding big financial decisions: During this emotionally charged period, making substantial financial moves without professional guidance can be risky. Hold off on making significant investments or off-loading assets until you consult with a financial advisor or legal counsel.

Tracking income and expenses: Understanding your financial standing can be helpful, especially when future planning is concerned. Consider using budgeting apps to track your income and expenses or stick with the traditional pen-and-paper method if that's more comfortable for you.

Creating a budget: Draft a realistic budget for life post-divorce. This will involve accounting for new expenses like separate housing and any adjustments to income like alimony or child support.

Safeguarding credit: Consider separating your financial affairs where possible, including removing your name from joint accounts, to protect your credit standing.

Consulting a professional

Navigating the complexities of divorce—particularly in the financial arena—can be overwhelming. For nuanced and detailed advice, it's highly advisable to consult professionals. At Mediation First, we offer comprehensive guides on Financial Settlements & Arrangements, Financial Consent Orders, and finance and property mediation services to equip you with the knowledge and tools you need for a more streamlined and equitable divorce process.

Considerations for parents

Prioritising your children

Divorce is a challenging experience for everyone involved, but when children are part of the equation, their well-being becomes the paramount concern. The dissolution of a marriage inevitably brings about significant changes in family dynamics, which can be especially impactful for children.

The guiding principle in any divorce involving children should always be their best interests. This is not only an ethical standpoint but often a legal consideration in many jurisdictions.

In family law, the court’s primary concern in any divorce case involving children is their wellbeing and needs. The same goes for mediation, where you’ll navigate the best options for your children in regard to parenting plans, child maintenance and other aspects that involve your children.

Understanding what "best interests" means can be complex, since this differs case by case. It encompasses a wide range of considerations, from the emotional and psychological well-being of the child to their educational and even social needs.

In mediation, it’s possible to involve your child in the process through child-inclusive mediation, which allows your child to express their thoughts and wishes in a safe, neutral environment.

Creating a safe emotional space

Children might have fears, anxieties, or confusions they are unsure how to express. Offering a 'judgement-free zone' where they can vocalise these emotions could provide reassurance. Reinforcing that their feelings are valid and that sharing them is okay can be supportive. It could be important to reassure them that both parents still love them and that the divorce isn't their fault, a common concern for children.

Creating a parenting plan

Creating a well-thought-out parenting plan can be a proactive way to address your child's needs. This document can include details such as whether one or other of you will assume main care of the children or whether you will have a shared care arrangement , visitation schedules, and how to handle holidays and special events. It can also outline how you'll share responsibilities like schooling, healthcare, and extracurricular activities.

Taking the time to carefully craft a parenting plan can help to reduce conflict and misunderstandings down the line, allowing both parents to focus on what's genuinely important: the well-being of their children.

Child mediation

Specialised services such as child mediation and child-inclusive mediation can be beneficial in this context. These services bring in professionals with the expertise to ensure that the child's voice is heard, and their needs are considered. They can guide you in creating parenting plans, child arrangements, and even help in effective co-parenting strategies post-divorce.

Child maintenance

Understanding child maintenance is crucial for both parents when preparing for divorce. The primary aim is to ensure that the child's financial needs are met when parents are no longer living together. This usually covers everyday living expenses like food and clothing but can extend to other costs like healthcare and education.

Child maintenance payments are generally calculated using the Child Maintenance Service (CMS) formula, which takes into account your gross income, the number of children you have, and how often they stay with you. The CMS offers an online calculator that can give you an initial estimate of your obligations.

Understanding the full scope of what is expected financially of parents can help you better prepare for divorce, and consulting child mediation professionals can provide insights tailored to your situation.