Five Common Mistakes to Avoid When Divorcing – and How to Minimise Cost and Stress

Going through a separation or divorce is often emotionally challenging and can quickly become expensive. While it’s rarely possible to avoid all costs or complications, there are practical steps you can take to reduce unnecessary expense and help things progress more smoothly.

Below are five common mistakes we see during divorce proceedings – and how to avoid them.

  1. Not checking if you qualify for help with court fees

Although legal aid is rarely available for solicitors’ fees in divorce cases, you may still be able to get help with the court fee for issuing the divorce application.

The current fee to apply for a divorce is £593, which must be paid at the start of proceedings. However, if you receive certain benefits or have a low income, you might qualify for a fee remission (reduction or exemption). You can check your eligibility using the government’s Help with Fees service.

  1. Not taking legal advice on financial orders

Even if you and your ex-partner reach an agreement on finances, it is essential to get legal advice – particularly if your assets are more complex.

Courts are increasingly rejecting financial consent orders that do not reflect full financial disclosure or appear to favour one party unfairly. A judge may reject an order if they believe the agreement does not meet the required legal standards, which could mean having to renegotiate the terms later on.

Proper legal advice ensures your consent order is more likely to be approved the first time – saving time, money, and stress.

  1. Overlooking the need for a financial consent order

While the no-fault divorce process has made it easier to end a marriage, it does not automatically deal with financial matters. Without a financial consent order, your financial ties remain open, even after the divorce is finalised.

A financial consent order sets out how assets such as property, savings, pensions, and maintenance are divided. Once approved by the court, it becomes legally binding and prevents future claims – potentially many years after the divorce.

Skipping this step can leave both parties vulnerable to future disputes.

  1. Ignoring the importance of pensions

Pensions are often one of the largest assets in a marriage, yet they are frequently overlooked during financial negotiations.

A proper valuation of each party’s pensions should be included in the financial disclosure process. Depending on the circumstances, pensions can be shared (by transferring a portion of one party’s pension to the other) or offset against other assets, such as the family home.

Getting specialist advice on pensions can help ensure a fair settlement.

  1. Not updating your will after divorce

It is always wise to review your will after major life changes – including divorce. Research from Solicitors for the Elderly suggests that almost half of UK wills may be out of date following significant family or financial events.

While divorce does not automatically revoke a will, your former spouse will usually be treated as if they have died for inheritance purposes. This means any role they had as an executor or beneficiary will no longer apply, unless you expressly include them in a new will.

Also consider the position of step-children or other beneficiaries who may be affected by your change in circumstances.

How Kidd and Spoor Solicitors can help

At Kidd and Spoor Solicitors, we understand how emotionally, and financially difficult divorce can be. Our experienced family law team, led by Trevor Gay and supported by Trainee Solicitor Kennedy Smart, is here to guide you through every step – ensuring your rights are protected and helping you move forward with confidence.

If you would like to speak with a member of our team, please contact us on 0191 297 0011 or visit our website at www.kiddspoorlaw.co.uk.