Common mistakes made during divorce

Divorce is not just the legal end of a marriage - it is a financial and practical restructuring of your life. Unfortunately, avoidable mistakes can have long-term consequences.

Here are the most common pitfalls - and how to avoid them.

1. Forgetting the Financial Order

   A Final Divorce Order does not automatically end financial claims between spouses. Without a legally binding Financial Order (Consent Order) approved by the court, your former spouse could potentially bring financial claims in the future - even years later.

   Securing a clean break order where appropriate is essential.

2. Not seeking legal advice early

   Many people wait until matters become hostile before speaking to a solicitor. Early advice helps you:

   • Understand your rights
   • Identify matrimonial assets
   • Avoid irreversible mistakes
   • Plan strategically
3. Ignoring pension assets

   Pensions are often one of the largest assets in a marriage - sometimes even more valuable than the family home.

   Failing to properly value and address pensions can lead to an unfair settlement that cannot easily be undone.

4. Letting emotions dictate decisions

   Divorce is emotional. However, decisions made out of anger, fear or resentment often result in:

   • Unnecessary legal costs
   • Delays
   • Poor financial outcomes

   A calm, strategic approach is always more effective.

5. Failing to disclose assets

   Full and frank financial disclosure is a legal requirement. Attempting to hide assets or income can lead to:

   • Court penalties
   • Cost consequences
   • Settlements being overturned

   Transparency protects your credibility.

6. Relying on verbal agreements

   Even if you agree matters amicably, verbal arrangements are not legally binding.

   A properly drafted and approved Consent Order ensures certainty and finality.

7. Social media mistakes

   Posts about new relationships, holidays or financial matters can be used as evidence in proceedings.

   It is always wise to exercise caution online during divorce.

A smoother path forward

Many divorces can be resolved through negotiation or mediation without contested court hearings. Prioritising children’s wellbeing and obtaining structured legal advice early will help achieve a fair and sustainable outcome.

If you are considering divorce or have recently separated, our family law team can guide you through the process with clarity and sensitivity.

Contact MBH Solicitors in Wigan now:

📩 mbh@wigansolicitors.com
📞 01942 206060