Marital breakdown Northern Ireland: five steps to help you prepare for divorce in 2025
Every year in the UK and Northern Ireland, early January sees a spike in the number of enquiries that divorce lawyers receive; in fact, this phenomenon is so pronounced that the first working Monday of the year has come to be known as Divorce Day.
There are usually several reasons behind this surge in demand. One is that tensions often come to a head during the preceding Christmas holidays for married couples who are struggling in their relationship: unfortunately, the additional financial pressures of the festive season, often coupled with prolonged periods spent with extended families, can accelerate marital breakdown.
New Year’s resolutions can also be a factor: there is something psychologically significant about the ending of one year and the beginning of another, bringing with it a strong desire for change and for things to be different.
Yet spouses that have decided they want a divorce will often put on a brave face for their children over Christmas in order not to spoil this special time of year for them; however, once ‘‘normal’ life resumes with the return to work and school in January, they pick up the phone to their lawyer.
If you have decided to end your marriage, there are several things that you can do to make what is likely to be an emotionally taxing process as smooth as possible. In this blog, Ciara Brolly, partner at Wilson Nesbitt, provides you with five steps to take to optimally prepare yourself for divorce in 2025.
1. Shared finances when you divorce: the importance of gaining an accurate picture
Getting divorced will often require you to conduct a full review of your shared and individual finances to ensure that you achieve a fair settlement.
What to consider:
You will need to gather records of bank accounts, savings, pensions, investments, and debts. Things such as pensions and liabilities, in particular, which are often overlooked, are critical for long-term financial security. Determine which assets are marital (acquired during the marriage) and which are non-marital (pre-marital, inherited, or gifted).
Hidden or misunderstood financial details can lead to disputes between you and your spouse, as well as to unequal settlements. If your spouse has controlled the family’s finances, it will be important for you to obtain full transparency to ensure you receive what you are entitled to.
All of these tasks will be much easier with the guidance of an experienced solicitor, who will help to ensure full disclosure and a fair division of your marital assets.
2. Divorce in Northern Ireland: how you can protect your shared business
If you share a business with your spouse, the divorce process can present additional, complex challenges.
What to consider:
It is important that you obtain a professional valuation of the business to understand its worth. Once this has been established, you can decide on the best approach: selling the business, continuing as co-owners, or arranging a buyout of one party’s share.
When weighing up your options, you should also consider the tax implications of any decision, especially regarding ownership transfers. If you decide to both remain involved in the business, you will need to clarify management roles and how operations will continue during and after your divorce.
Here, too, the advice of a solicitor specialising in divorce will prove invaluable to charting your way through these complexities.
3. How to protect yourself as a business owner during marital breakdown
If you’re a business owner, protecting your livelihood and ensuring stability is crucial when you divorce.
What to consider:
It is important that you separate your business finances from your personal finances. Make sure that you maintain clear records to show the business’s value and contributions. You will also need to demonstrate the role of each spouse in the business (e.g. management vs financial contributions).
In order to safeguard your business when divorcing, you should explore legal mechanisms to prevent disruptions, such as shareholder agreements. Without careful planning, the business’s future could be jeopardised, impacting your income and employees.
A solicitor with experience in complex divorces can help ensure your business remains operational while achieving a fair settlement for you.
4. Ensuring the wellbeing of your children: the key factors when you divorce
If you have children with your spouse, making decisions about their care, living arrangements, and financial support will be at the top of your list of priorities. Courts in Northern Ireland will always prioritise the child’s best interests, and a clear co-parenting plan can reduce conflict.
What to consider:
One of the key considerations will be custody and living arrangements. You and your spouse will need to decide on whether to go down the route of a shared home or a primary residence. It will also be important to agree on day-to-day routines.
In terms of financial support, you will need to address the issues of child maintenance, education costs, and other expenses. You must also ensure that you provide your children with emotional support at this difficult time. Communicate openly with them and, if necessary, seek out professional counselling for them to help them adjust to such a huge change in their lives.
5. Dividing your assets when you divorce: from property to personal valuables
The fair division of marital assets, including property, vehicles, and personal items, is central to any divorce.
What to consider:
Property: you will need to obtain professional valuations for the family home and any other properties that you and/or your spouse own (such as investment properties).
Personal items: High-value items such as jewellery, cars, antiques, and art will need to be accounted for and fairly divided when you divorce.
Pensions: These are often significant assets and may require expert actuarial advice to ensure fairness.
If you or your spouse have a strong emotional attachment to certain assets, this can complicate proceedings. By seeking professional advice, you will go a long way to ensuring you adopt a pragmatic approach. Solutions such as selling property so you can split the proceeds, or offsetting assets (e.g., trading property for pension rights), can help you to achieve an outcome that is satisfactory to both parties.
Considering a divorce in 2025? Choose Wilson Nesbitt
We’re one of Northern Ireland’s leading family law firms. With decades of experience in managing divorces of all complexities, our dedicated matrimonial legal team is known for providing compassionate, clear, and effective advice. We help people through the legal and financial challenges of divorce.
Ciara and our experienced legal team understand the emotional and financial strain that comes with divorce, and we are committed to providing practical, strategic, and empathetic support to our clients.
Call 028 9022 7808 or make an enquiry here.