Divorce is never easy – emotionally, financially, or legally. When a marriage breaks down, it’s natural to feel overwhelmed, confused, or even rushed into decisions to “get it over with.” However, divorce is also one of the most important legal and financial processes many people will ever go through. Getting it wrong can have long-lasting consequences.
Over the years, we have guided hundreds of people through divorce. We’ve seen the most common pitfalls—and we’ve helped our clients avoid them. By steering clear of these mistakes, you can navigate your divorce with a sense of relief. So here are the top 7 mistakes we think people make during divorce and what you can do to avoid them.
Rushing the Process
Understandably, many people want to move on quickly. But rushing through a divorce without fully understanding your legal rights can lead to poor decisions — especially around finances and child arrangements.
Divorce in England and Wales typically takes a minimum of 6–8 months, even under the no-fault system introduced in 2022, which allows couples to divorce without assigning blame to either party. Taking time to get proper advice and consider long-term implications is worth it. A solicitor can help you slow things down just enough to make informed, future-focused decisions.
Not Getting Legal Advice Early Enough
Some people wait until things have already gone wrong to seek legal advice. By then, damage may already have been done assets might be transferred, children relocated, or financial agreements made informally and unfairly.
Speaking to a solicitor early ensures you understand your options and rights from the start. This early intervention doesn’t mean conflict — in fact, it often prevents conflict by setting clear boundaries and realistic expectations, empowering you to take control of your situation.
Letting Emotions Lead Decisions
Divorce is emotional. But decisions based purely on anger, guilt, or revenge often backfire. Whether it’s refusing a fair settlement or using children as bargaining chips, these choices rarely serve anyone in the long run, least of all yourself.
A solicitor acts as a calm, objective guide to help you focus on practical outcomes. This is especially helpful when communication with your ex is strained.
Hiding or Withholding Financial Information
Some believe they can protect their interests by hiding assets or underreporting income. But in divorce, financial transparency isn’t just good practice — it’s a legal requirement.
If one party hides assets and is later found out, the court can reopen settlements and impose penalties. Full disclosure is not only fair; it protects you from future legal action.
Assuming the House Automatically Goes to One Person
The family home is often the most emotionally and financially significant asset — and one of the biggest causes of disagreement. Many assume the house must go to the Person with the children or the Person who paid the mortgage.
Property decisions are made on what’s fair and reasonable, considering both parties’ needs and contributions. Understanding these rights can provide a sense of security. Options might include selling the house, transferring ownership, or one Person staying temporarily. A solicitor can explain the pros and cons of each path.
Overlooking Pensions
It’s easy to focus on property and cash when divorcing. But pensions are one of the most valuable assets a couple may have — and too often, one partner walks away without a share simply because they didn’t know they could claim it.
According to Royal London, pensions are overlooked in 71% of divorce settlements. Don’t let that happen. A pension-sharing order, a legal document that allows a pension to be divided between the divorcing parties, can ensure a fair split for retirement security.
Trying to Do It All Alone
DIY divorce might seem like a way to save money, especially with online forms and no-fault options. But it’s risky. Mistakes in paperwork, missed entitlements, or poorly drafted agreements can cost thousands down the line — and may not be easily undone.
Having a solicitor ensures your legal rights are protected, and your paperwork is watertight. We often help clients save money by avoiding court and reaching a fair, swift resolution. For example, we can negotiate a fair settlement, help you avoid costly mistakes, and guide you through the process efficiently.
Need Help or Just a Bit of Advice?
Divorce doesn’t have to be a battle — and you don’t have to go through it alone. At Johnson & Boon Solicitors, we provide clear, supportive, and expert guidance at every step.
Whether you’re considering divorce, in the middle of proceedings, or just want to understand your options, we’re happy to have a chat.
Call us today on 0151 637 2034 or email us at info@johnsonandboon.co.uk
