Why You Should Seek Legal Advice as Early as Possible When Going Through a Divorce
When a relationship breaks down, it’s natural to focus on both the emotional impact and the practical next steps that should be taken. Many people assume they can deal with the legal side of divorce later, or that advice is only needed if things become hostile. In reality, the decisions you make at the very beginning of a divorce often have the greatest long-term consequences.
It is often assumed that seeking early legal advice means committing to a contentious or expensive process. This is not correct: taking early legal advice allows you to understand your legal and financial position from the outset, protecting yourself from avoidable mistakes, and putting yourself in the best possible position for the future. Whilst a solicitor is acting in your best interests, and advises you accordingly, your solicitor must act on your instructions.
As goes the Sir Francis Bacon quote, “knowledge is power”; the more you know about your financial future from an early stage, the more able you will be, both emotionally and practically, to deal with the financial consequences of the divorce.
It may be a stated joint wish to keep things as amicable as possible, but there are a number of non-contentious steps that should be taken as early as possible, and of course other steps that may be necessary in the event that protective steps need to be taken at short notice.
This article explains why early legal advice matters, the common pitfalls of delaying it, and how timely guidance can help you avoid unintended and costly consequences.
Divorce Is More Than Ending a Marriage
Divorce is not just about formally ending a marriage. It can affect:
Your home and housing security
Your income and future financial stability
Your pension, savings, and investments
Your relationship and time with your children
Your ability to move on financially and emotionally
Without legal advice, it’s easy to underestimate how interconnected these issues are. Many people make decisions based on goodwill, pressure, or emotion, only to discover later that they have weakened their legal position.
The Benefits of Getting Legal Advice Early in Divorce
Early advice gives you clarity, control, and foresight. A family lawyer can help you:
Understand what you are legally entitled to (and what you are not)
Plan next steps calmly, rather than reacting to events
Avoid decisions that are difficult or impossible to reverse
Explore nonconfrontational options such as mediation or negotiated settlements (and other forms of non-court dispute resolution) to see which is best for you
Importantly, early advice helps you distinguish between what feels fair in the moment and what is legally fair in the long term.
Common Pitfalls of Not Getting Legal Advice Early
Agreeing to an Unfair Financial Arrangement
One of the most common mistakes is agreeing to a financial split informally, often to “keep things amicable”. Without legal advice, people may agree to arrangements that overlook pensions, undervalue assets, or fail to consider future needs.
Even worse, informal agreements are not legally binding unless approved by the court. This can leave you exposed to future claims, even years after the divorce.
Misunderstanding What You Are Entitled To
Many people assume assets are divided based on whose name they are in. This is not how divorce law works in England and Wales.
Without advice, people often:
Overlook pensions (which can be one of the most valuable assets)
Assume inherited or premarital assets are automatically protected
Fail to understand how needs, not just ownership, influence outcomes
Early advice helps ensure nothing is missed.
Moving Out of the Family Home Too Quickly
Leaving the family home without legal advice can have unintended consequences. While moving out does not mean giving up ownership, it can affect:
Your negotiating position
Interim financial arrangements
Child arrangements and living patterns
In some cases, remaining in the home — even temporarily — may be strategically important. A solicitor can help you assess the risks before you act.
Living With a New Partner Before a Financial Settlement
It is common for people to move on emotionally before the legal process is complete. While this is understandable, timing matters.
If you begin living with a new partner before a financial settlement is finalised, the court may decide that:
Your housing needs are reduced
You require less spousal maintenance
Your overall financial position has changed
Early legal advice helps you understand when moving on is unlikely to cause problems — and when it could.
Failing to Protect Inheritance or Family Wealth
If you expect to receive an inheritance, family gift, or trust interest, early advice is critical. Once assets are mixed or used for joint purposes, it can become far harder to ringfence them later.
In some cases, early advice allows couples to consider:
Pre-nuptial or post-nuptial agreements
Trust or estate planning
Clear separation of finances
Delay can remove these options entirely.
Incomplete or Inaccurate Financial Disclosure
Divorce requires full and frank financial disclosure. Without guidance, people may unintentionally provide incomplete or unclear information, which can lead to:
Prolonged disputes
Court challenges
Settlements being reopened later
A solicitor ensures disclosure is accurate, consistent, and properly documented — protecting you from future allegations or legal risk.
Protective injunctions
Sadly emotions often run high on separation, and separated spouses may take certain steps that could disadvantage their spouse financially. If you have any concerns that your spouse may act in this manner, it is crucial to take legal advice at an early stage to best protect your position, particularly if your spouse is in a stronger financial position. This could include:
Filing notices with the Land Registry to prevent properties from being unilaterally sold or re-mortgaged
Freezing injunctions
Taking steps to regulate the interim financial situation pending the divorce being finalised
Being Professionally Unrepresented When Your Ex Is Not
If one party has legal advice and the other does not, an imbalance quickly develops. The unrepresented party may not recognise pressure tactics, unrealistic proposals, or hidden risks.
Seeking advice early helps ensure:
You are negotiating on equal footing
You understand the implications of any proposal
You are not agreeing to something simply to bring matters to an end
The Emotional Cost of Navigating Divorce Alone
Divorce is inherently emotional. Stress, guilt, anger, or fear can cloud judgment — particularly where children or finances are concerned.
A solicitor provides:
Expertise on the law and how it applies in your case
Objectivity when emotions run high
A buffer between you and difficult conversations
Reassurance that decisions are legally sound
This support often reduces conflict rather than escalating it.
How Early Advice Can Lead to Better Outcomes
Contrary to common belief, early legal advice often leads to:
Faster resolution
Lower overall legal costs
More durable, fair settlements
Better coparenting arrangements
By understanding the legal framework early, you are better placed to settle matters sensibly and avoid unnecessary disputes.
When Is the Right Time to Speak to a Divorce Lawyer?
The right time is usually earlier than people think, including:
When you are first considering separation
Before signing or agreeing to anything
Before moving out or making major financial changes
As soon as your partner seeks legal advice
Even a single early consultation can prevent significant problems later.
Choosing the Right Divorce Solicitor
Not all lawyers approach divorce in the same way. Look for a specialist family lawyer who:
Focuses on resolution, not conflict
Explains options clearly and realistically
Has experience with cases similar to yours, this is especially important for high net worth divorce where there are significant or complex financial issues to be considered.
Understands both the legal and human aspects of divorce
Final Thoughts: Early Advice Is an Investment, Not a Commitment
Seeking legal advice early does not mean you are committing to a particular path. It means you are protecting yourself, understanding your position, and avoiding mistakes that can be costly — financially and emotionally.
The cost of early advice is often far less than the cost of correcting problems later.
Speak to an Experienced Divorce Lawyer
If you are considering divorce or have recently separated, the family lawyers at Ribet Myles can help you understand your rights, responsibilities, and options — clearly and confidentially.
We provide practical, strategic advice tailored to your circumstances, helping you move forward with confidence and clarity.
Contact us today on 020 7242 6000 to arrange a confidential consultation.