Divorce Advice Before You’ve Made a Final Decision

What happens when you’re not even sure if your marriage is over — but you know you need to understand your legal position? 

At NjP Solicitors, we regularly speak to clients who aren’t rushing into divorce. 

They’re not angry. They’re not seeking revenge. 

They’re not trying to “win”. They simply want clarity. 

This case study reflects a recent consultation with a client who came to us not because she had decided to divorce — but because she needed to understand her position if she did. 

The Background 

Our client had: 

  • Been in a relationship for nearly 15 years 
  • Married for just over 10 
  • Two children, aged 10 and 12 
  • A jointly owned family home valued at approximately £450,000 
  • A mortgage of around £270,000 
  • Combined pensions (values unknown at the time) 
  • A newly established business (not yet trading) 

The husband earned £30,000 a year more than her. 

Our client wanted an amicable divorce, and her priority was the welfare of the children.  

After issues in the marriage that they never recovered from, it was clear the marriage was over.  

Importantly, her focus wasn’t financial gain. 

Her words were: “I just want him and the kids to be okay.” 

Step One: Understanding the Divorce Process (Before Deciding to Divorce) 

We explained that divorce in England and Wales is now entirely no-fault. 

Adultery does not impact: 

  • The financial split 
  • Who “wins” 
  • Who gets more 

Even when fault existed under previous law, infidelity rarely affected finances. 

The only ground for divorce now is: 

The marriage has irretrievably broken down. 

The process takes approximately six months and includes: 

  • Application 
  • 20-week reflection period 
  • Conditional Order 
  • Final Order 

Divorce ends the marriage. It does not resolve finances. 

That is a separate process entirely. 

The Financial Picture: What Was at Stake? 

The Family Home 

Value: £450,000 

Mortgage: £270,000 

Equity: approximately £180,000 

On paper, that’s £90,000 each — if divided equally. 

But family law is not simply maths. We explained the concept of the “matrimonial pot.” 

Into that pot goes: 

  • The house 
  • Pensions 
  • Savings 
  • Business interests 
  • Other assets 

The starting point is 50/50. But the outcome depends on needs. 

Example: What Does “Needs” Actually Mean? 

The children were expected to have shared care (50/50). 

That’s significant. 

If one parent had primary care, their housing needs might justify a larger share of equity. 

But shared care places both parents on similar footing in terms of housing requirements. 

However, income disparity still matters. 

With an £80,000 salary, the husband would likely have greater mortgage-raising capacity than our client earning £52,000. 

This could mean: 

  • He may need less equity to secure suitable housing 
  • She may require a larger deposit to achieve the same 

So although the starting point is 50/50, fairness may require adjustment. 

That’s what strategic advice looks like. 

The Common Fear: “If I Move Out, Do I Lose Everything?” 

Our client was considering temporarily moving out. 

We addressed this immediately. 

Moving out does not: 

  • Remove your legal ownership 
  • Reduce your financial entitlement 
  • Automatically weaken your position 

There is a long-standing myth that “possession is 9/10 of the law.” 

It is not true in divorce. 

However, we did advise considering practical risks, such as: 

  • Deliberate delay of a sale 
  • Property disrepair 
  • Lock changes (yes, it happens) 

From what we understood, this was unlikely in her case — but good advice anticipates risks. 

Pensions: The Hidden Asset Most People Overlook 

At the time of consultation, neither party knew the value of their pensions. 

Many couples say: 

“You keep yours; I’ll keep mine.” 

That can be a costly mistake. 

Example: 

If one pension is worth £20,000 and the other £500,000, that imbalance could dramatically affect retirement security. 

We explained that pensions are: 

  • Often more valuable than the house 
  • Subject to sharing orders 
  • Sometimes require expert valuation 

Even if a client ultimately decides not to pursue a pension share, that decision must be informed. 

The Business: £700,000 in Debt – What Happens to That? 

Our client had recently invested her savings into a new business. 

The company: 

  • Was not yet trading 
  • Held approximately £700,000 director loan debt 
  • Owned a property fully mortgaged 

At this stage, it had little net value. 

However, it represented future income potential. 

We explained that: 

  • If the business began generating income, it would affect maintenance calculations 
  • If it developed substantial value, that value could be considered 
  • At present, it had limited immediate impact 

Family law considers the global financial picture. 

Separation Agreement vs Divorce + Consent Order 

Our client wasn’t emotionally ready for divorce. 

We discussed: 

Separation Agreement 

  • Legally binding contract 
  • Can divide finances 
  • Less certainty 
  • Can be challenged 

Divorce + Consent Order 

  • Court-approved financial order 
  • Full and final 
  • Extremely difficult to change once finalised 
  • Provides long-term security 

For someone building a business, certainty matters. 

In nearly 20 years of family law practice, we have never had to challenge a consent order once made. 

That is the level of finality clients deserve. 

What If He Becomes Difficult? 

Another concern raised: 

“What if he digs his heels in?” 

“What if he refuses 50/50 care?” 

“What if he becomes hostile?” 

The honest answer: People can say many things. What matters is: 

  • Evidence 
  • Legal principles 
  • Section 25 criteria 
  • The welfare of the children 

We explained that children arrangements are dealt with separately from finances and should never be used as leverage. 

We also made clear: 

We do not escalate conflict unnecessarily. We do not send inflammatory letters. We do not create hostility. 

But we are fully capable of being robust when required. 

Our experience allows us to know when to collaborate — and when to stand firm. 

The Real Value of the Consultation 

By the end of the meeting, our client hadn’t decided to divorce. 

But she now understood: 

  • The process 
  • The likely financial landscape 
  • Her housing position 
  • The impact of shared care 
  • The role of pensions 
  • The options available to her 
  • The costs involved 
  • The risks and protections 

She left with clarity. And clarity changes everything. 

The Most Important Takeaway 

This client hadn’t decided to divorce. She simply wanted to be prepared. 

That is not disloyal, aggressive, or premature. It is responsible. 

Understanding your position does not mean you are ending your marriage. It means you are making informed decisions. 

If You’re in a Similar Position 

You might be: 

  • Feeling unhappy but unsure 
  • Thinking about a temporary separation 
  • Worried about the children 
  • Concerned about fairness 
  • Anxious about the house 
  • Unsure how pensions work 
  • Afraid of legal costs 

The first step is not “filing for divorce.” 

The first step is clarity. 

At NjP Solicitors, we provide clear, strategic, calm advice so you can decide what’s right for you — without pressure and without panic. 

If you would like a confidential consultation to understand your position, we are here to help.

Lead Solicitor

Natalie NJP solictors

Natalie Moore