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Read more articles in: Blog, Family, Family Law, Stuart Daniel
29 May 2026
If the relationship with your spouse or civil partner has broken down and it seems like it cannot be salvaged, you may be considering what to do next.
Separation is often seen as an easier option compared to a divorce, as it does not require any legal processes.
However, divorce does not need to be intimidating and understanding how the process works can help you to approach it with confidence.
Separating from a spouse or civil partner is simple from a legal perspective, but can be challenging from an emotional and financial point of view.
While separated, you remain legally married to your ex, which can have ramifications for both of you.
Neither of you will be able to enter into a new marriage or civil partnership while still married to each other.
While that might not be the highest priority when first leaving a marriage, it can cause issues later on, especially if you lose contact.
If you do not have a valid Will, your ex will still be entitled to much of your estate under the rules of intestacy, even if you have not been together for many years.
A spouse or civil partner is entitled to the first £322,000 of the estate and half of the remaining amount thereafter.
The other half of your estate above the value of £322,000 will be split equally among your children.
Divorce severs this connection, ensuring that your ex will not receive any part of your estate unless you actively include them in a valid Will.
Many people do not have much interaction with legal professionals and the courts, so any engagement can be daunting.
Divorces are often seen as staging grounds for airing grievances, with many people having stories of divorce proceedings spanning multiple years and draining both parties financially and emotionally.
This is not always the case as many divorces can be resolved amicably.
The court’s aim is to resolve a divorce in a way that is fair for both parties.
This means they will consider a series of factors, including:
If you want to increase your chances of an amicable divorce, being communicative with your ex and ensuring both of you are fully transparent about the assets and finances in your name is important.
Where communication breaks down, alternative forms of dispute resolution (ADR) can be considered.
This includes solicitor led negotiations, Collaborative Law, Resolution Together, or mediation.
These can be used in place of direct court proceedings, though may not be suitable for all separating couples.
In cases where your ex refuses to engage with the divorce completely, you can still keep the process going.
When you apply for a divorce, your ex will be sent the divorce application electronically or by post if necessary.
They are supposed to complete an Acknowledgement of Service within 14 days and this is something they may refuse to do.
If they do, you will need to prove to the court that the paperwork has been delivered to your ex and that they are being difficult.
Your evidence may include:
Most courts accept the use of social media to deliver notification and using their place of work to get their attention is also a valid option.
If they continue to ignore your efforts, the court may grant dispensed service and remove the requirement to serve papers entirely.
Seeking legal support during this time can ensure that you are meeting your obligations and that your divorce can proceed.
If your relationship has reached an end, separation can feel like being in purgatory.
Divorce can be the gateway to a new lease on life, so reaching out for legal support is a good place to start.
We can help you understand how a divorce is likely to work in your circumstances while supporting you through every stage until that Final Order is in your hands.
The only legal reason to wait for a divorce is if you have not yet been married for a year, as a divorce cannot be started before then.
Get in touch with our team to begin your divorce proceedings with confidence.
