FAQs
These are the questions that come up again and again on my calls. The answers are general and cover England and Wales only. Your situation will have its own details, so if you're not sure how this applies to you, ask me.
Written by Bhavna Radia, former family lawyer and founder of Divorce Right. Last updated 28 October 2026.
If you're married, you have the right to live in the family home, even if it's only in his name. He can't make you leave without a court order. Please don't move out in a hurry because he's told you to.
If the house is in joint names, he can't sell or remortgage it without your signature. If it's in his name only, you can register your home rights with the Land Registry, which protects your right to live there and means a buyer or lender will find out about you.
No, there's no automatic 50/50 rule. Sharing equally is often where the conversation starts, but the court looks at needs first, especially housing for you and the children. Depending on your incomes, the children and your health, you may be entitled to more than half.
No. Sign nothing until you understand it and agree with it. Ask for his proposal in writing, with documents to back it up, and take time to check it.
In some cases, yes. Where one of you has far more money than the other, the court can order the wealthier person to pay towards the other's legal costs. It depends on your circumstances and on the evidence.
Yes, I'd always recommend one. Getting divorced doesn't end your financial claims against each other. Without a financial order, he could still make a claim against you years later, and you could lose the protection of an agreement he decides to go back on. A consent order turns your agreement into a court order.
Once the final order is made you're no longer married, and you can lose some protections, such as rights to his pension if he dies. If your finances aren't settled, you may be able to ask the court to put the final order on hold until they are. Ask about this as early as you can.
No. You can apply for a divorce yourself online through GOV.UK, and many of the women I work with handle their divorce and their finances themselves. Some parts, such as a complicated court hearing, might be worth paying a lawyer for. I'll help you work out which parts.
The divorce itself takes at least 6 months, and often longer. After the court issues your application, you wait at least 20 weeks before you can apply for the conditional order. Once that's granted, you wait at least 6 weeks and 1 day before you can apply for the final order. Sorting out the finances can take longer, which is one reason to start on them early.
A consent order is a legally binding court order that sets out what you've agreed about money, property and pensions. You both sign it and a judge approves it. Without one, your agreement can't be enforced and financial claims stay open.
Form E is the financial statement you each fill in to show the other what you own, what you owe, your income and your needs. It's used in mediation and in court. It's long, and it's where a lot of people get stuck, so take it a section at a time and gather your documents first.
Yes. You can represent yourself in divorce, financial and child arrangements proceedings. You'll be called a litigant in person. Many of the women in my community have done it, using position statements and speaking notes they could read from in front of the judge.
A solicitor acts for you and can represent you in court. As a divorce coach and former family lawyer, I don't act for you. I explain the law and the process in plain English, help you prepare your documents and decisions, and support you while you handle your own divorce. It usually costs far less, and you can still use a solicitor for the parts that need one.
I'm a former family lawyer. I don't represent you or go to court for you. I give you the knowledge, the documents and the support to handle your own divorce, and I tell you when part of it needs a solicitor or barrister.
Yes. I help with position statements, witness statements, speaking notes and court forms, and I prepare you for what the judge might ask. I don't attend court with you.
A Divorce Strategy Call is a one-off 60-minute Zoom call for £250, to understand where you stand and leave with a plan. Ongoing Divorce Support is one-to-one help over weeks or months, charged for the time I spend on your case.
Yes. Men can book a Divorce Strategy Call or work with me through Ongoing Divorce Support. The Money Saving Divorce Club is for women only.
Yes. Some people use me alongside their solicitor for one piece of work, or to understand what their solicitor is telling them before they make a decision.
No. I only help with divorce in England and Wales. The law in Scotland and Northern Ireland is different.
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