Preparing for Divorce: A Practical Checklist of Documents You May Need

If you are considering separation or divorce, one of the most common questions we are asked is:

“What documents should I gather before starting divorce proceedings?”

Preparing early can make a significant difference. Collecting key documents at the outset can help your solicitor understand your financial position more quickly, reduce delays in proceedings, and often assist in reaching an earlier settlement.

In many cases, good preparation can help shorten the overall length of the case, reduce legal costs, and minimise unnecessary conflict between separating partners.

Below is a practical checklist of the documents and information that may be helpful when preparing for divorce proceedings.

Your Marriage Certificate

You will need a copy of your marriage certificate when starting divorce proceedings.

If you do not have the original, you can obtain a certified copy from the General Register Office (GRO).

Bank and Building Society Statements

It is helpful to gather bank and building society statements for the last 12 months, including:

• Sole accounts in your name
• Joint accounts with your spouse
• Accounts held jointly with a third party

These documents help provide a clear overview of your financial position.

Property Valuations

If you own property, it is useful to obtain current market valuations, including:

• The family home
• Any additional properties
• Any property where you hold a share or beneficial interest, including property owned with family members

Obtaining two or three estate agent valuations can provide a realistic picture of the property's current value.

Mortgage Statements

You should also obtain up-to-date mortgage statements, including:

• The mortgage on the family home
• Mortgages on any other properties you own or have an interest in

These statements will confirm the outstanding balance and financial commitments attached to the property.

Savings, Investments and Shares

Ensure you have the latest valuations for any financial assets, such as:

• ISAs
• Investment accounts
• Shares or stocks
• Bonds or other financial products

These documents are often required as part of the financial disclosure process in divorce proceedings.

Evidence of Debts and Liabilities

It is equally important to gather documentation relating to any debts, including:

• Credit card statements
• Personal loans
• Car finance agreements
• Store cards or other borrowing

Understanding the full picture of assets and liabilities is essential when resolving financial matters during divorce.

Income Documentation

To demonstrate your income, you should collect:

• Your most recent P60
• Payslips for the last three months

These documents help establish your current earnings and financial circumstances.

Business Interests

If you have an interest in a business, you may need to provide:

• Annual accounts for the last two years
• Relevant tax returns

Business interests can be an important factor when assessing financial arrangements in divorce.

Pension Valuations

Pensions are often one of the most valuable financial assets in a marriage, so it is important to obtain:

• Your Cash Equivalent Transfer Value (CETV) from your pension provider

There can sometimes be delays in receiving this information, so it is sensible to request this as early as possible.

You may also wish to review or update any death benefit nominations attached to your pension.

A List of Monthly Outgoings

Preparing a clear summary of your monthly expenses can also be helpful. This should include:

• Household bills
• Mortgage or rent
• Utilities
• Food and living costs
• Insurance
• Child-related expenses
• Other regular commitments

It can also be useful to consider what your future financial needs may look like after separation.

Mortgage Capacity

If you are considering staying in the family home or purchasing a new property, it may be helpful to:

• Speak with a mortgage broker
• Explore your borrowing capacity

Understanding your options early can help inform discussions about property arrangements.

Important: Respecting Financial Privacy

While gathering documents for your case, it is important that you only collect documentation relating to your own finances.

You should not:

• Access your spouse’s personal or financial records without permission
• Copy documents from their private accounts
• Access their computer or personal files

If you are unsure about what you can or cannot access, it is best to seek legal advice from a family solicitor.

Seeking Early Legal Advice

Every divorce is different, and the documents required can vary depending on your personal circumstances.

Speaking to an experienced family law solicitor at an early stage can help you:

• Understand your legal position
• Prepare the right documentation
• Reduce delays during the divorce process
• Work towards a fair and practical financial settlement

If you are considering separation or divorce and would like guidance, our family law team would be happy to help.