It is generally recognised that divorce or separation is one of the most stressful events that can take place in someone’s life with only the death of a spouse/close family member being ranked higher. Our family law solicitor, Benjamin Carter explains what to expect from your first meeting with a divorce solicitor.

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What to Expect at Your First Meeting With a Divorce Solicitor

The process will, very often, involve interaction with a divorce solicitor and the purpose of this article is to set out what might be expected during that first meeting. As a first point, it should be stressed that most divorce solicitors are easy-going, sympathetic and understanding. 

Preparing for Your First Appointment

Your solicitor will be able to tell you what you need to bring to the meeting but, generally speaking, this is normally just your passport and a bank statement for ID purposes.  It is also helpful if a summary of the assets can be prepared in advance and set out on a single side of A4. 

Financial Information and Documents You May Need

The summary should include an estimate as to the value the family home, the amount outstanding on the mortgage and the value of any other assets that you own. Details as to your partner’s income are helpful, if known. If court proceeding have been issued then any letters/documents that you have received from the court will be helpful.

Protective Steps Your Solicitor May Consider

At the meeting, one of the first things that your solicitor will be thinking about is whether there are protective steps that need to be taken in order to secure your position. 

Non-Molestation Orders and Urgent Court Applications

This may include an application for a non-molestation injunction order if you feel that there is a risk that your spouse’s behaviour is deteriorating to such an extent that you need such protection. Your solicitor will inform you that the starting point for dealing with this issue is, generally, a letter/email to your spouse warning them that if the behaviour continues then an application will be made.

If you feel that there is a real and immediate issue then you will be advised to call the police as a first step. You should also be advised that there is an option to make an urgent application to the court without your spouse being notified of your intention to do so. These are referred to as “without notice” or “ex-parte” applications. Non-molestation orders, following such applications, are normally only granted in exceptional circumstances.

Protecting Your Interest in the Family Home

The other issue will be whether the family home is in your joint names.  If the property is in the sole name of your spouse this should ring alarm bells as your spouse could seek to raise further funds by way of remortgage or even try to sell it, without your knowledge. To protect your position an application should be made to HM Land Registry in order to register your interest in the property. 

Financial Injunctions and Freezing Assets

If there is a risk that your spouse may be seeking to transfer assets out of the jurisdiction of the Court or be trying to diminish the value of any assets, then consideration will need to be given to the making of an application to the Court for a financial injunction order whereby your spouse’s assets are “frozen”. Such applications are expensive and your solicitor will consider with you whether there may be any prospect of your spouse being willing to give a formal promise (known as an “undertaking”) to the court not dispose of his/her assets.

Understanding Financial Disclosure in Divorce Proceedings

Your solicitor will generally be unable to give a view as to what the outcome of your case might be, in terms of how the assets may be divided, until such time as they have full disclosure of your spouse’s financial circumstances. This may be disappointing but such a view cannot be given without a clear picture of the overall wealth of the family.  

Form E and the Financial Disclosure Process

Financial disclosure will generally take place by means of the exchange of lengthy financial statements, known as “Form E”. Such forms are available on the GOV.UK website and consist of a series of questions designed to extract full details of the financial circumstances of the person concerned.

Why Financial Agreements Must Be Legally Binding

You may of course have already had helpful discussions with your spouse as to how the assets of the marriage are to be divided. If so, it is important to be aware that any agreement reached as to how the assets are to be divided must be set out in a court order before the deal becomes binding. The fact that the agreement has been implemented i.e. the family home sold with the proceeds divided or is recorded in solicitor’s correspondence or follows a completed divorce, does not make it binding. There have been a number of high-profile cases where one spouse has been able to successfully argue that they still have unresolved financial claims against their spouse even though the divorce took place many years previously and in one case 2 decades earlier.

Starting the Divorce Process and No-Fault Divorce

Your solicitor will, no doubt, advise you that the starting point to resolve the issues above is to commence the divorce process itself which will lead to a final order of divorce. This can now be done online via the GOV.UK website and follows a simplified process, in place since 2022, and referred to as “no-fault divorce.” A no-fault divorce simply requires one party to state that the marriage has broken down irretrievably. It is no longer necessary to allege, for instance, that the other party has behaved unreasonably or committed adultery.

Final Thoughts on Your First Divorce Solicitor Meeting

Your solicitor will no doubt discuss these issues with you, at your first meeting, in greater detail but we hope that the above provides you with a helpful summary of the issues that are likely to be raised.

Conclusion

Attending your first meeting with a divorce solicitor can feel daunting, but being well-prepared makes the process far smoother. Bringing key documents, summarising your assets, and understanding financial disclosure and protective steps ensures your solicitor can provide clear, effective guidance.

With expert support from Edwards Duthie Shamash Solicitors, you can approach your first appointment with confidence, knowing your interests are safeguarded and the divorce process is handled efficiently. Seeking timely legal advice maximises the likelihood of achieving a fair and secure outcome.

What to Expect From Your First Meeting With a Divorce Solicitor FAQs