Posted 18 Dec, 2024

Filing for divorce can be a complex and emotional process, and even with the introduction of no-fault divorce in England and Wales, mistakes are still common. These errors can lead to delays, unnecessary costs, or even the rejection of an application. To help you navigate the process smoothly, here are some of the most frequent mistakes people make when applying for divorce and how to fix them.

Incorrectly Entering Names on the Divorce Application

A simple mistake, such as misspelling names or failing to use the full legal name as stated on the marriage certificate, can result in delays or rejection of the application. If you have changed your name since getting married, it’s important to ensure consistency in all legal documents and provide supporting evidence where necessary.

How to Fix It: Before submitting your application, carefully check your name and your spouse’s name against your marriage certificate. If an error has already been made, you may need to apply to the court to amend the application.

Applying for Divorce Too Early

A divorce application can only be submitted after at least one full year of marriage. If an application is filed too early, it will be invalid and rejected by the court.

How to Fix It: Before applying, double-check your marriage date to ensure you meet the legal requirement. If an application has already been submitted prematurely, you will need to wait until the required time has passed and reapply.

Not Confirming Jurisdiction

To apply for divorce in England and Wales, the court must have jurisdiction over the case. This typically means that at least one spouse must be domiciled or habitually resident in England or Wales. If jurisdiction is incorrectly claimed, the application may be dismissed.

How to Fix It: Before filing, confirm that you meet the jurisdictional requirements. If you are unsure, seeking legal advice can clarify whether you are eligible to apply in England and Wales.

Overlooking the Importance of a Financial Order

Divorce itself does not resolve financial matters between spouses. Even if both parties agree on financial arrangements, without a legally binding financial order, future claims on assets, pensions, or income remain a possibility.

How to Fix It: Obtain a financial order to protect against future claims. This can be done by mutual agreement (a consent order) or by applying to the court if there is a dispute over finances.

Neglecting Pension Rights

Pensions are often one of the most valuable assets in a marriage, yet they are frequently overlooked in divorce settlements. Ignoring pensions can lead to financial hardship later in life, particularly for the spouse who has lower retirement savings.

How to Fix It: Consider pension entitlements when negotiating a financial settlement. Pension sharing orders can be used to ensure a fair distribution of retirement benefits.

Providing Inaccurate or Incomplete Information

Incorrect or missing details, such as incorrect addresses, incomplete financial disclosures, or errors in dates, can lead to delays in the divorce process.

How to Fix It: Double-check all details before submitting your application. If errors are discovered after submission, notify the court as soon as possible to correct them.

Assuming Online Applications Are Fool proof

The online divorce system is designed to simplify the process, but it is still possible to make mistakes, such as selecting the wrong options or misinterpreting questions. Automated systems do not flag every possible error, meaning applications can still be rejected.

How to Fix It: Treat the online application process with the same level of care as a paper form. Read all instructions carefully and review your answers before submitting.

Failing to Respond to Divorce Papers Promptly

If you are the respondent in a divorce application, failing to respond within the required timeframe can result in the court proceeding without your input. This could lead to an outcome that is not in your best interests.

How to Fix It: If you receive divorce papers, complete and return the acknowledgment of service form promptly, usually within 14 days. If you have concerns, seek legal advice as soon as possible.

Letting Emotions Drive Decisions

Divorce is a highly emotional process, and it is easy to let anger or resentment dictate decisions. Sending aggressive messages, making unreasonable demands, or refusing to negotiate can complicate proceedings and lead to a less favourable outcome.

How to Fix It: Try to approach divorce with a clear and rational mindset. Seeking support from professionals, such as therapists or mediators, can help manage emotions and keep negotiations constructive.

Not Seeking Legal Advice Early

Many people attempt to handle their divorce without legal advice, believing it will save time and money. However, misunderstandings of legal rights or missing key steps can result in costly mistakes that require court intervention.

How to Fix It: Even in amicable divorces, consulting a solicitor early in the process can ensure that your rights are protected and that all legal requirements are met.

Final Thoughts

Mistakes in a divorce application can cause unnecessary stress and delay what is already a difficult process. By being aware of common pitfalls and taking steps to avoid them, you can ensure a smoother transition and protect your interests. If you are considering divorce or have already begun the process, seeking expert legal advice can help you navigate the complexities and avoid costly errors.

At Endeavour Law, we specialise in guiding clients through divorce with clarity and confidence. If you need help with your application or financial settlement, our team is here to support you every step of the way.