Ending a relationship by divorce or dissolution can seem scary. The key is to be organized, and focus on practical matters. Here are our divorce checklists which include all the practical things you need to consider, and the documents you will need at the various stages.
Planning a divorce checklist.
When planning and preparing for divorce you should ensure you have both the originals and scanned copies of the following documents:
- marriage certificate
- any Prenuptial or Separation agreement.
- details of any existing or previous court cases either in England and Wales, or overseas.
If your marriage or civil partnership certificate is not in English, you will also need a translation that has been certified by a notary public or authenticated by a statement of truth by the person who did the translation.
If either party has changed their name since they got married (other than through marriage), they must attach a copy of your change of name deed (Deed Poll).
If you are applying for help with the payment of the court fee for the divorce application you will need to complete the form EX160.
Checklist of things to do in the 20-week cooling off period in divorce.
During divorce process, there are several important things you should do in the 20-week cooling off period:
- Take time to reflect on whether you wish to end your marriage and whether there is any prospect of reconciliation.
- If not, discuss and agree on child arrangements. Any agreement can be included in a Parenting Plan.
- Begin to obtain financial documents such as cash equivalent transfer values of pensions, bank statements, and property valuations.
- Start negotiations about financial matters to see whether a financial agreement can be reached. If necessary, consult a legal professional and/or a financial adviser about any legal and financial questions or concerns you may have.
- Start dividing personal belongings and household items.
- If you have a pet together, discuss the arrangements for the pet post-divorce. Any agreement can be included in a Petnuptial Agreement.
Checklist for protecting the family home during divorce.
If you jointly own the family home as joint tenants, consider ending the joint tenancy and becoming tenants in common. This prevents your spouse from automatically receiving your share of the property if you die before the divorce is finalised.
Once you have created a tenancy in common – update your Will to specify who should inherit your share of the property.
If the family home is in your spouse’s sole name, you should immediately register a Home Rights Notice. This prevents your spouse from selling, transferring, or borrowing against the property without your knowledge or consent.
Unless absolutely necessary, try not to move out of the family home during the divorce proceedings.
Post divorce checklist.
If you have been through a divorce or dissolution, there are usually a few administrative things you need to do to wrap up the whole process. Here is our post divorce checklist:
- Review and update your Will. Although divorce ends all inheritance rights between spouses, it is important to make a new Will to set out clearly where you want your inheritance and family assets to go.
- Review and update beneficiaries: Check insurance policies, pension plans, and wills to update beneficiary information.
- Close joint bank accounts and open individual accounts.
- Obtain copies of your sealed Final Order and any Financial settlement as you will need these to prove to various agencies that you are now divorced.
- Contact your local council to inform them of your new divorced status for council tax.
- Have all the terms of any financial consent order been implemented? These include undertakings, assignments of policies and property transfers or sale.
- Update your child’s school about the new family situation, and provide contact details.
Checklist for changing name after divorce.
If you wish to change your name after divorce you will need a deed poll. A deed poll is a legal document that makes your new name official.
To obtain a deed poll, you will need the following:
- A declaration that you are giving up your old name, and adopting a new name. You will also have to specify the date you wish to start using your chosen new name.
- If you simply want to revert to your maiden name after divorce, you may not need a deed poll if you have your original birth certificate, marriage certificate, and the Final Order of divorce.
Once you have changed your name you will need to inform your bank, pension provider, local council, HMRC, Passport Office, DVLA and the NHS of your new name post divorce.
Checklist for when a child is involved.
- Agree on where the child will live.
- Make a plan for how and when the child will see both parents.
- Discuss special occasions, such as Christmas, Easter, birthdays, and holidays.
- Agree on how the child’s life will be financed, and enter into a Child Maintenance Agreement.
- Agree on how the child’s grandparents and extended family will be involved.
- Notify the childminder, nursery or school of any change of address, and the status of the parents’ relationship.
- Agree on medical and health treatments. Agree on which GP and dentist are to to be used.
- Use a calendar to agree on important dates and future holidays.