When is the right time to file for a divorce and what should you do before you start proceedings?

Historically there have been two main spikes in the year when people in unhappy marriages look to start divorce proceedings: January and September. Or, in other words, after periods of unavoidable family time. In 2020 of course, the period of unavoidable family time hasn’t been 2 weeks in Spain but 6 months of lockdown. The intensity is overwhelmingly different and has produced acute reactions for many.

Previously, thoughts of divorce came from thinking “I just can’t manage another Christmas with them” or “I wanted to throw them in the pool and catch the next flight home”, but now divorce lawyers are hearing more of “his online gambling spiralled out of control in the boredom of lockdown”, “she chose him over me to isolate with” and “now that he isn’t on the 6.30am train and getting home at 9pm we have realised that being apart was the only thing keeping us together”.

Many people considering divorce often delay proceedings until after Christmas to avoid upsetting the children, until after exams have been completed and results released or until after a family holiday that has been booked has happened. But whatever the road that leads to thoughts of separation, there will be a period of managing the relationship until it is time to end it.

You’d be hard pressed to find a family lawyer who advocates staying in an unhappy relationship. It is not healthy for either of the spouses or the children. There is a view that children are better with two happy parents who love them but who live apart, rather than two desperately unhappy parents who love them but stay in a hateful marriage purely for their sake.

Without doubt, if there is domestic violence, abuse (emotional, physical or sexual) or harassment in the relationship, then you should never wait. Take immediate advice because you might need to ask the court for an injunction to protect you. And if you are in doubt about whether your situation is serious, because normalising the abuse is not uncommon, then speak to a family solicitor and get their thoughts.

But sometimes you need to manage the exit of a relationship and for a range of personal reasons, you might feel that you want to hang on for a while before starting the divorce conversation.

What should you do before you start divorce proceedings?

• First and foremost, start, rekindle or cement your existing support network. Confide in close friends; you are going to need them in the rocky times ahead. Your friends may not know that you are want their help or may not know what sort of help you need. Tell them. You don’t have to do this alone.
• Clear out the spare room, the attic, the garage, the wardrobes, the shed. It may sound silly but decluttering actually helps you think with clarity and not only can you vent your frustration about your spouse on the task in hand but you will have something positive to show for it afterwards.
• Find a counsellor and unburden yourself. There will come a time when your support network is not around or you feel you have leant on them enough (was that an eye roll from your oldest friend? Were you imagining it?) For many, having a counsellor can be like seeing a good friend but one whose worries you don’t have to listen to; they just listen to yours. Invaluable.
• Read up about how to break the news to your children. Speak to your counsellor if you have one. Children of different ages will absorb information differently and within your family you may need to understand alternative ways to portray the same information. If the divorce has a negative impact, it is helpful if you know the signs to watch for. Most children cope just fine but that is because of how their parents manage the transition from one big family unit to living under two roofs.
• Have a look at properties in your area or where you might move to. But be careful of your search history showing if you use the family iPad or computer.
• Use the time to make sure you know the passwords to all of your accounts. But beware, do not indulge in “self-help disclosure” by rummaging around your spouse’s financial papers or online accounts. No, no, no.
• Contact your IFA and see what your assets are worth. Begin to understand your financial position before you begin to think about a division of assets.
• And most importantly, take the advice of a specialist family solicitor. They can discuss the whole range of options with you from marriage counselling, mediation, separation and ultimately divorce. A few hours with a solicitor early on, educating you on your options, the costs, the time frame and a possible outcome, can take away a huge mental strain. Fear of starting anything new comes from a lack of understanding, but with knowledge and support, you can make the right decisions.

If you are considering or ready to start divorce proceedings, use the days wisely by getting your ducks in a row. Our family law partner Claire O’Flinn would be delighted to have a free initial conversation with anyone who is ready to take those next steps and can be reached on the contact details below: