The New Year moment people choose to rewrite their future and think about divorce

January is renowned for many things. New gym memberships, green juices, diary reorganising and promises to be a “whole new, improved me.” But, behind the scenes, in homes and boardrooms across the country, it’s also the time when thousands of people decide to make a more significant change in their personal life.

For some, that means starting the painful but necessary process of ending a marriage.

The Family Law team at Winston Solicitors see this every year, specifically in these first few weeks of the New Year. Whether it is the strain of Christmas, long-standing issues coming to a head, or simply the symbolic clean slate which a new year represents, January is often the moment when people finally pick up the phone and ask, “What do I do now?”

Divorce is rarely seen as easy. But the first step should not be frightening. Understanding your situation and your options is the most important preparation. With the right advice from the start, you can navigate even the most complex circumstances with confidence and clarity. And for those who have business interests or significant inherited assets, that early advice is absolutely crucial.

A new start begins with a conversation

Your first meeting with a solicitor is not about getting all the answers. It is about understanding the path ahead. The first legal conversation can seem daunting, and people often feel nervous, overwhelmed, or unsure of what they should already know. That is completely normal. But your family solicitor is not there to test you – they are there to guide you.

For those whose lives, homes and finances are entwined with a family business, farm or company structure, your initial meeting is even more important. Business-linked divorces involve layers of financial, emotional and practical complexity.

“A farm isn’t just an asset. It’s often a home, a heritage, and a business all in one. Likewise, a family-run company may provide income, not just for the couple but for extended family too. Unpicking these issues sensitively and sensibly takes time and expertise.”

What should you expect from that first meeting?

The goal of your first meeting is simple – to help you understand the next steps. It is a conversation which allows your solicitor to gain insight into your situation in order to provide the best advice tailored to you, and for you to then explore the best options for you.

A specialist family solicitor will ask you about your priorities, your concerns and your aims. They will also discuss the key pieces of information that will eventually be needed to form the advice they give you.

You may not have everything to hand straight away, and it is not necessary at your first meeting. Your role at this stage is to think carefully about the big picture.

Ask yourself:

· What matters to you most?

· What are your biggest fears?

· What outcome are you hoping for?

· What do you need to protect? Is it your home, your children, the stability of a business?

Being honest about your goals, even if they feel unrealistic or emotionally charged, helps your solicitor understand what you value; which in turn gives them the best understanding of how best to support and advise you.

Understanding separation with a business or farm

If your life is tied to a business, agricultural or otherwise, your solicitor will need to understand how it operates. The ownership structure and financial background are key points in getting to the crux of how a settlement can be shaped.

You may be asked questions such as:

· Who owns the land or property held by the business?

· Is the business a sole tradership, partnership or limited company?

· Are there partnership agreements, shareholder agreements or family trusts?

· Were any assets held within the business (or the business itself) inherited or gifted?

· Is the farmhouse also the family home?

· Who works in the business, formally or informally?

This is not just box-ticking – it is about protecting both your financial future and the viability of the business itself. Business continuity is a real concern for farming families and entrepreneurs. A poorly structured separation can affect not just the couple, but employees, suppliers, and future generations.

Which is why seeking early advice is essential.

Gathering documents is helpful, but not crucial

If you can bring documents to the initial meeting, that is ideal. But don’t delay your meeting because you do not have every detail.

Your solicitor may want to see business accounts (ideally three years’ worth), personal and business tax returns, and information about bank accounts, savings and debts. That includes all mortgage and loan documents, pension statements, and evidence of income from the business.

If you are not the primary business owner, you may not have access to everything. Your solicitor can guide you through what can be obtained later and how to request the relevant information.

Your contribution matters, even if it wasn’t financial

One of the biggest concerns people have when a business or farm is involved is “Do my contributions count if I am not directly part of the business?”.

The answer is “Yes.”

Running a home, raising children, helping informally on the farm, supporting a partner through long hours or difficult seasons are all contributions that matter. Courts understand the reality of family life and recognise non-financial contributions as equal to financial ones.

Your solicitor will want to understand your role in the household. Has there been any unpaid or under-recognised work in the business? They will want to know how decisions were made and what sacrifices you made for the family.

Even where one person appears to be the “business owner” the financial background is rarely as simple.

Children and housing – the heart of the conversation

If you have children, their welfare is always the top priority.

Questions around where they will live, how their needs will be met, and how the family home fits into that picture will be central to early discussions. An experienced solicitor will not just analyse numbers; they will help you think extensively about your family’s future.

3 non-negotiable necessities

1. A practical but vital tip is to ensure that you have a secure, private email address that only you can access. It is a simple step that protects confidentiality and gives you complete control from the start.

2. Make notes to help you collate your thoughts and remember important information that you know you will want to discuss with your solicitor. Keeping any kind of journal or diary as you navigate your divorce will help you to stay organised and manage practical tasks.

3. Be kind to yourself. This is a transitional period. Therefore, be prepared for what is ahead. From a decent walk with a good friend to pounding it out on the padel court. Make sure you take time to focus on yourself so that you can stay strong and be in a position of strength for what the future brings.

You don’t need all the answers - just the right solicitor

Farming divorces, business-linked separations and high-value or complex asset cases require specialist expertise. Choosing the right divorce solicitor who understands the realities of rural life and business structures is one of the most important decisions you will make.

Your first meeting is the beginning of a plan. Your first step towards financial separation, greater happiness and a new chapter.

New year, new start? It does not happen at the stroke of midnight. but with the right advice, you can begin your new life with one conversation.

Winston Solicitors’ Family Law team helps clients with clarity, compassion and exceptional expertise. To discuss your situation with a family law specialist, contact Winston Solicitors on 0113 320 5000.