Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.


How to know if divorce is the right option

Posted on 03rd December 2020 in Family Law

Posted by

Aimee Aspinall

Associate & Solicitor
How to know if divorce is  the right option

There may be many reasons why separated couples do or do not want to divorce. It is sometimes seen as a hostile step, however this isn’t always the case. Divorce can often be the right step for both parties.



It is often the case that couples will agree to separate and sort out arrangements for their children and finances before speaking to a solicitor. In those cases, there are a couple of options available, including having a Separation Agreement drawn up to reflect the agreement, or, proceeding straight away with a divorce and obtaining a financial consent order.

Neither route is right or wrong but divorcing and obtaining a final order is the only way to (a) end the marriage, and (b) resolve all financial claims without scope for these being reopened later. Separation Agreements are usually prepared in contemplation of divorce after a period of 2 years, which means the issues need to be revisited at that time. A lot of clients prefer to deal with everything “in one go” thereby avoiding extra costs and the further emotional labour in the future. A ‘clean break’ and dismissal of further claims can only happen on divorce.



Where parties own a number of properties, there are tax efficient ways of dealing with them in the ‘tax year of separation’ i.e. by 5th April after separation. Legal and financial advice would be necessary in this instance.

It's also worth thinking about how pensions, which in most cases represent the most valuable assets of the marriage. They are sharable in the same way as other capital, such as equity in a home, but this can only happen by Court order (by consent or otherwise) as part of divorce proceedings.

We provide specific financial advice for this.


Spousal Maintenance

Sometimes, there is not enough capital to meet both parties’ needs and there may be an imbalance in respect of income/income needs meaning one party requires some ongoing financial support, known as Spousal Maintenance.

Maintenance can be paid on a voluntary basis, without divorce proceedings, but where there might be a disagreement over the duration or level of maintenance, or whether this should be paid at all, it might be necessary to make an application to Court for financial orders, including maintenance pending suit. This can only happen once divorce proceedings have been started.


For further information about any part of divorce and seperation, or to talk to one of our dedicated Family team, visit their hub page.

Contact our legal experts



Paper plane


Get the latest news straight from our legal experts.

Subscribe to our newsletter to recieve current, dedicated, suppport and guidance from our solicitors straight to your inbox, wherever you are.

Company & Industry

Related Insights


Updated Guidance on Stalking Protection Orders

Posted on 25th April 2024 in Family Law

Stalking is a more aggressive form of harassment, where someone repeatedly behaves in a way that makes you feel distressed, scared or threatened. The stalker will have an obsession with the person they are stalking. This could be an ex-partner, a family member or even a complete stranger.

Posted by

Sarah Miller

Senior Paralegal

NO MORE Week – Raising Awareness of Domestic Abuse and Sexual Violence

Posted on 07th March 2024 in Family Law

Domestic abuse covers a range of types of abuse, including, but not limited to, physical, psychological, sexual, financial and emotional abuse. It is defined as any incident of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members.

Posted by

Sophie Charlton-Rigg