The 20-week cooling off period begins at the point the respondent replies to the acknowledgement of service. It was introduced to allow couples time to reconcile, particularly given the no-fault nature of divorce proceedings. Although it effectively pauses proceedings, parties can use this hiatus constructively and turn their attention towards concentrating on dealing with other elements of the divorce.
The 20-week cooling off period begins at the point the respondent replies to the acknowledgement of service. It was introduced to allow couples time to reconcile, particularly given the no-fault nature of divorce proceedings. Although it effectively pauses proceedings, parties can use this hiatus constructively and turn their attention towards concentrating on dealing with other elements of the divorce.
If you have need help with your divorce and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
Tips for using the 20-week cooling off period effectively
The cooling off period is intended to give couples time to reflect on their breakdown of their relationship and resolve any issues related to finances and children. Here are our tips for using the 20-week cooling off period constructively:
- Seek professional help – when you are going through a divorce, you can find yourself trying to fathom unfamiliar legal terms and processes, new financial arrangements, and adjusting to single life. Trusted advisors can help guide you and provide expert support.
- Couples can negotiate and work together to try to reach an agreement on finances during the cooling off period. It is important to note that if you do agree, you will have to wait until the Conditional Order is granted before it can be approved by the court.
- Stress test your agreement to ensure you will both have enough in the future and that your children will be provided for. For example, have you considered things such as university fees, 18th/21st birthday parties, and cars?
- Get the agreement written into a consent order so once the Conditional Order is granted, it can be sent to the court straightaway.
- If parties cannot agree a settlement, the time can be used to attend mediation
- Collating financial documents – as part of the divorce process, both parties are expected to disclose their financial position as fully and openly as possible. As there is a large amount of information to be amassed, the cooling off period can be used to ask a pension provider for the CETV (Cash Equivalent Transfer Vale), collate bank statements, wage slips, asset valuations, details of outstanding loans and other debts, and anything else deemed a matrimonial asset.
- In addition to the above, make a list of your collective debts and assets. This includes any property, money, cars, savings, and so on. In order to work out whether they can be separated from matrimonial assets, you need to know exactly what you have. Start to compile a list of all your individual and shared assets and debts.
- Depending on your situation, you may be responsible for paying or receiving spousal maintenance or child support. Although the Child Maintenance Service (CMS) determines the amount of child support liability someone pays, spousal maintenance is based on factors such as the length of the marriage, each party’s income and earning potential, and the contributions each party made to the marriage. Use this time to get the information together.
- If you have children, you may decide to draft a co-parenting agreement, setting out where the children will live, who they will live with, and when they see the other parent. You can also include things such as education, child support, and holidays.
- If you have pets, you can enter a co-petting agreement to help you document arrangements for your pet post-separation. This may set out who is responsible for paying vet fees, grooming costs, and sharing time with your pet.
- Divorce can have significant financial implications, so it is important to assess your financial situation and how that affects your future as a single person. Create a divorce financial strategy and put a budget plan in place to help you feel more in control.
- It is important to allow yourself time and space to grieve the loss of the relationship, even if it was a bad one. The cooling off period was devised for this reason.
- It is important to protect your privacy as a single person, so you should set healthy boundaries and try to separate your personal life from your ex-partner’s. Using this time to get into new behaviours is going to be beneficial once the divorce is finalised.
- Create a supportive environment, especially if you have children, and develop new routines.
- Divorce can be emotionally gruelling, and most people need reliable support to get through it. Family and friends are invaluable, but it is also worth considering counselling services and support groups to help cope with the stress and process emotions in a healthy way.
- Rebuild your credit – Divorce proceedings can have a significant impact on your credit score; review your credit report carefully to ensure all the information is accurate. Dispute any errors you find, and work on paying off any outstanding debts that may reduce your score.
- If you don’t have any credit in your sole name, consider getting a credit card or other loan to start building your credit. Be sure to make payments on time and keep balances low, as this will help you establish a positive credit history.
- Update your will and beneficiaries – following separation, it is crucial to update your will, life insurance policies, and death in service nominations. Failing to do so can result in your assets going to your ex-spouse or other unintended beneficiaries. This includes updating your will, a trust, and power of attorney.
- If you are older, you may need to reassess your retirement needs. This includes adjusting your retirement goals, especially if you have to split your pension or retirement savings with your ex-spouse. Retirement planning during a divorce is critical for ensuring a comfortable retirement.
Can the 20-week cooling off period be shortened?
Although the court has the power to shorten or expedite the cooling off period, this will require a separate application being submitted to explain the reasons why. However, it is generally only in exceptional circumstances, for example serious ill health or if a baby is due to be born, that a court will approve such an application.
Divorce can be unmooring, but with careful financial planning and strategic guidance, you can secure your future and embark on a new chapter of your life with confidence. By following our tips, you can put yourself into the best possible position for building a solid foundation going forward.
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