8 Essential Documents Needed When Preparing for Divorce

Divorce is never easy. Whether it comes as a relief or a heartbreak, the moment you decide to take that legal step forward, the paperwork can feel completely overwhelming. As a family law team, we speak to clients every week who arrive at their first appointment unsure of what to bring, what they need, or even where to begin.

The good news is that getting your documents in order is simpler than you might think. Once you do, everything moves much more smoothly.

In this guide, we walk you through every essential document you will need when preparing for divorce in England and Wales, answer the questions we hear most often, and give you the confidence to take that first step.

Expert insight: The advantages of being prepared with your paperwork

In our experience, it really does make a difference when a client comes to the first meeting some of their paperwork to hand. The conversation tends to feel more focused and productive from the outset, as we are able to move quickly beyond general questions and provide tailored, practical advice. Just as importantly, clients often feel more reassured knowing they have started to take practical steps to prepare for divorce. Even partial preparation can turn what might feel overwhelming into something far more manageable.

Why It Pays to Gather Documents Early

You might be tempted to think the paperwork comes later. In practice, it does not. Having the right documents ready before you begin can significantly speed up the process, reduce your legal costs, and prevent unnecessary delays further down the line.

Since the introduction of no-fault divorce in April 2022 under the Divorce, Dissolution and Separation Act 2020, the process in England and Wales has become considerably more straightforward. There is no longer any requirement to apportion blame or demonstrate fault. However, gathering the financial and personal documents that paint a clear picture of your marriage remains just as important as it ever was.

Step-by-Step: The 8 Documents You Need

Work through this list at your own pace. You do not need to have everything ready before you speak to a solicitor. Start with what you can find easily and build from there.

1. Your Original Marriage Certificate

This is the most basic requirement. The court needs to see proof that the marriage exists before it can end it. You will need the original certificate or a certified copy issued by the register office. A standard photocopy or a photograph on your phone will not be accepted for the formal application.

If you cannot find yours, do not worry. You can order a replacement from the General Register Office for a small fee. It is usually one of the quickest and easiest things to arrange.

• What you need: Original marriage certificate or certified copy from the General Register Office.

2. Bank and Savings Records

We need to build a clear picture of your day-to-day finances. This means gathering statements for every account held in your sole name, your spouse’s sole name, or in joint names. Twelve months of statements for each account is a good starting point.

Do not overlook online-only accounts or payment apps such as Monzo, Revolut, or PayPal. In the modern world, money is often held in places that do not produce paper statements. If you hold any cryptocurrency or digital assets, make a note of those too. Even a small balance is worth disclosing: full transparency from the outset will serve you far better in the long run.

• What you need: 12 months of statements for all current accounts, savings accounts, and ISAs; records of any investment accounts, premium bonds, or shares; statements for any digital wallets or cryptocurrency holdings.

3. Income and Tax Documents

If you are employed, you will need your three most recent payslips, your latest P60 and P11D if you have one. If you receive bonuses or commissions, try to gather evidence of those over the last two years so that your average income can be properly assessed.

If you are self-employed or run your own business, you will need two years of accounts and your self-assessment tax returns. People often find this part daunting, but your accountant can usually produce these quickly. Having them ready will save considerable time later in the process.

• What you need: Three most recent payslips; latest P60; latest P11D if applicable; details of any bonuses or commission; for the self-employed, two to three years of accounts and self-assessment tax returns.

4. Property and Mortgage Details

If you own your home, gather your most recent mortgage statement. This will confirm the outstanding balance and your lender’s details. It is also helpful to have a general sense of the property’s current market value. You do not need a formal valuation at this stage: a quick look at comparable properties listed on the major property websites will give a useful starting point.

If you have other properties, such as a buy-to-let or a holiday home, collect the same information for each one. If you are renting, find your tenancy agreement so that notice periods and monthly costs are clear. If your car forms part of the matrimonial assets, the V5C registration document may also be relevant.

• What you need: Most recent mortgage statement; property deeds if owned outright; tenancy agreement if renting; V5C registration documents for vehicles forming part of the matrimonial assets.

5. Pension Information

Pensions are frequently the most undervalued asset in a divorce, yet they are often the most significant after the family home.

You will need to obtain the Cash Equivalent r Value (CEV) for every pension you hold. This includes your current workplace pension, any private or personal pensions, self-invested personal pensions (SIPPs), and any pensions from previous employment that you may have paid into years ago.

It is worth starting to gather this information early. Pension providers can sometimes take several weeks to issue a CEV, and the process of tracing older pensions can take time. The government’s free Pension Tracing Service can help if you are unsure whether you have dormant pension pots from previous jobs.

• What you need: CEV statements for all pensions, including workplace pensions (current and former employers), personal or private pensions, and any SIPPs.

Expert insight: Forgotten workplace pensions

It is very common for people to overlook pensions from previous jobs, particularly if they have changed employment over the years. In some cases, these can be more valuable than expected. It is worth checking for them early, as pension providers can take time to issue the necessary CEV, and delays at this stage can slow things down later in the process.

6. Debts and Liabilities

It is just as important to look at what you owe as what you own. Gather statements for any credit cards, personal loans, hire purchase agreements, or outstanding finance on vehicles. If you have any ‘buy now, pay later’ balances, include those too. The court takes a complete view of the family’s financial position, and that means the liabilities as well as the assets.

• What you need: Statements for all credit cards, personal loans, hire purchase agreements, and any buy-now-pay-later balances; details of any joint debts.

7. Records of Gifts or Inheritance

If you received a significant sum of money from a family member during the marriage, or if you inherited money that was used to purchase the family home or pay down the mortgage, it is worth gathering whatever records you have. This might be a letter from a relative, a bank statement showing a transfer, or a copy of a Will.

These details can be highly relevant when the court considers how to divide the matrimonial assets, particularly where there is an argument that certain funds should be treated as non-matrimonial property.

• What you need: Bank statements or correspondence evidencing any significant gifts or inheritances received during the marriage; any relevant wills or letters of wishes.

8. Family and Existing Legal Documents

Finally, gather any other legal documents that may affect your position. This includes any prenuptial and/or postnuptial agreement. If you have already been living apart and have a written separation agreement, that document is particularly important.

If you have children, it is also worth making a note, for your own clarity, of the current living and contact arrangements, each child’s school, and any significant health or educational considerations. Having this information clearly in mind before your first appointment will make that conversation considerably more productive.

• What you need: Prenuptial or postnuptial agreement (if applicable); any separation agreement already in place.

Expert insight: What to do when one spouse controls all the financial paperwork

This is a situation we encounter regularly. If you do not have access to financial documents, do not be put off seeking advice. Many people find themselves in this position, particularly where one spouse has managed the finances during the marriage. Once divorce proceedings are underway, and the parties wish to resolve financial matters, both parties are required to provide full and frank financial disclosure. This is a formal legal obligation, and there are processes in place to address situations where information is not provided or is incomplete. Taking early advice can help ensure these steps are handled properly and with support.

What If I Cannot Find Some of These Documents?

Most documents that are lost or misplaced can be replaced. Banks and pension providers can reissue statements on request. The General Register Office can provide a replacement copy of your marriage certificate. Utility companies can provide duplicate bills. HMRC can confirm historical tax information for those who are self-employed.

The important thing is to start with what you can find and work outwards from there. Your solicitor will help you identify anything that is genuinely missing once you are further into the process. Do not let an incomplete set of documents put you off making that first call.

Where to Keep Your Documents Safely

If you are still living with your spouse and have not yet told them you are considering a divorce, think carefully about where you keep your documents. Options include a trusted friend’s home, a secure digital folder with a password your spouse does not know, or a locked drawer at your workplace.

Having everything in one place, whether physical or digital, will make you feel considerably more organised and in control at what is likely to be a stressful time.

Divorce Documents Checklist

Use this checklist to track what you have gathered and what still needs to be found.

	Document	Notes
[ ]	Marriage certificate	Original or certified copy from the General Register Office
[ ]	Bank statements	12 months for all accounts, including joint and digital accounts
[ ]	Payslips, P60 and P11D	Three most recent payslips and the latest P60 and P11D if applicable; bonus records, if applicable
[ ]	Self-employment accounts	Two to three years of accounts and tax returns (if self-employed)
[ ]	Business valuation	Any documentation that confirms an estimate of the current value of a business, if applicable
[ ]	Mortgage statement	A recent mortgage statement showing the outstanding balance and lender details
[ ]	Property deeds Property valuation	If owned outright, a copy of any valuation of the property that has been obtained in the last 6 months
[ ]	Tenancy agreement	If renting
[ ]	Pension CETVs	All pensions, including old workplace pensions
[ ]	Credit card/loan statements	All outstanding debts and liabilities
[ ]	Records of gifts/inheritance	Bank statements or correspondence evidencing significant receipts
[ ]	Will	Current Will
[ ]	Pre/postnuptial agreement	If applicable
[ ]	Separation agreement	If already in place

When to Seek Legal Advice

You do not need to have all your documents in order before speaking to a solicitor. Speaking to a solicitor early does not commit you to anything. It simply means you are better informed.

How Fullers Family Law Can Help

At Fullers Family Law, our experienced family solicitors guide clients through every stage of the divorce process with clarity, compassion, and practical advice. Whether you are just starting to think about your options or are ready to begin proceedings, we are here to help.

To speak with a member of our family law team in a confidential, no-pressure conversation, please get in touch to book your initial consultation.