Top 5 Mistakes to Avoid During a Divorce in the UK | Expert Legal Advice

Separating couples often underestimate how complex a divorce can be. While the process of applying for a divorce is relatively straightforward, it is the other aspects of legal separation that can lead to increased costs, long-term financial risks, and stress. Thankfully, many of these mistakes are easily avoided by understanding the broader process of divorce and seeking advice early on to ensure you are on the right path. Based on our experience of helping hundreds of individuals and couples in England and Wales through divorce and dissolution, here are the top five divorce mistakes to avoid.

Mistake 1 - Delaying or avoiding seeking legal expertise 

Many couples believe they can manage the divorce on their own or rely solely on advice from friends, family, or online advice. While it is possible to start a divorce without a Solicitor, it is important to understand the risks of handling the whole process on your own. 

One of the main risks is that so many couples simply do not understand their legal rights and position both during the divorce process and afterwards. Many are not aware of their home rights during this time and their entitlement when it comes to the division of marital assets. Making incorrect assumptions about the law around divorce can cost you. For example, did you know that you may be entitled to non-marital assets if the assets from the marriage are not enough to meet your joint needs? This means you can claim part of your husband or wife’s inheritance and pre-marital property in some circumstances. 

DIY divorce problems in the UK often arise from incomplete forms, missed deadlines, or misunderstanding court requirements. Furthermore, parents who do not get specialist advice may struggle to reach agreements on where children live or how time is divided.

Solicitors can provide clarity on your rights, explain the impact of decisions, and ensure that any settlements you reach are legally binding. Seeking professional advice from a divorce law Solicitor is even more important if your ex-partner is not being co-operative, is hiding assets, is being controlling or coercive, or is in any way unwilling to work with you through the process. Your Solicitor will guide and support you through the process at each step, ensuring that your rights and needs and those of your children, are fully protected.

Mistake 2 – Allowing emotions to guide important decisions

Allowing anger, guilt, or resentment to affect how you handle your approach to your divorce can lead to poor outcomes. For example, it is common to see reasonable offers being refused out of spite and children being used as bargaining tools, both of which can negatively affect the outcome of the divorce. Not only can such behaviours drag out proceedings, they increase legal costs, damage relationships with children, and lead to a lack of cooperation in the future. 

Courts in England and Wales always focus on the best interests of the child when considering disputes. Parents who co-operate and focus on stability are much more likely to achieve better outcomes for all concerned. 

Mistake 3 - Failing to provide full and frank financial disclosure

One of the most serious divorce mistakes to avoid in the UK is providing incomplete or dishonest financial disclosure. It is important to remember that each party is legally required to provide full and frank disclosure of their income, assets, debts, and pensions. Hiding any information, even unintentionally, can have damaging consequences. If hidden assets are discovered later, the court can reopen financial arrangements and often change the settlement in favour of the party who provided full financial disclosure. 

Couples handling divorce between themselves often neglect to include aspects of their finances, such as pensions. Indeed, pensions are often a couple’s largest asset after the family home, and should be included in negotiations. Property, 

Mistake 4 - Poor communication and use of social media

Some couples avoid direct communication altogether, relying solely on solicitors or family members. While professional representation is crucial, refusing to communicate at all can slow progress and drive up costs. 

Equally, misusing social media during a divorce can be highly damaging. Posts criticising an ex-partner, showing luxury purchases, or disclosing sensitive information can all be used as evidence in court. The key point to remember is that such behaviour can influence child arrangement disputes or financial negotiations following divorce.

We recommend:

• Keeping conversations respectful, non-accusatory and focused on the matters at hand
• Avoiding emotional posts on social media
• Not sharing financial or personal details on public platforms
• Communicating with your ex-partner in a respectful and co-operative manner at all times, even if they do not reciprocate 

We have seen at first hand how the effects of social media in divorce cases in the UK are increasingly significant; make no mistake, a careless post can undermine an otherwise strong legal position.

Mistake 5 - Not getting a legally binding financial order

Once a financial divorce settlement has been reached, it is then important to get the agreement made legally binding by asking the courts to issue a Consent Order. Without a proper financial consent order:

• An ex-spouse could claim against your income, property, or inheritance years later
• You may face difficulties getting remarried 
• Assets such as pensions or investments may remain vulnerable.

The BBC recently highlighted cases where people were taken by surprise by financial claims long after their divorce was complete. Getting a financial consent order after divorce in the UK ensures certainty and closure. It is the only way to guarantee that neither party can return to court for more money in the future.

Final words

Divorce in England and Wales is easier under the no-fault rules introduced in April 2022, but the process still requires care. By taking early advice, focusing on practical outcomes, and ensuring all finances are properly dealt with, separating couples can avoid unnecessary disputes and costs. By taking the steps outlined in this article, you can protect your children and move forward with your life in the knowledge that your future rights and needs have been considered and protected.



For a free consultation regarding your divorce in the UK, please call us on 0208 300 6666.