Divorce Letter Of Intent Template for England and Wales

A Divorce Letter of Intent is a preliminary document that formally communicates your intention to pursue divorce proceedings in England and Wales. Under the no-fault divorce system introduced by the Divorce, Dissolution and Separation Act 2020, this letter serves as an important first step in establishing clear communication between you and your spouse or civil partner before filing the official divorce application.

What is a letter for divorce?

A letter for divorce, also called a divorce letter of intent or a letter of divorce, is a written notice that sets out that one party intends to end the marriage or civil partnership. It is not the same as the formal divorce application. It is a courtesy notice that names the parties, states the intention to divorce, and can outline the practical points the couple will need to work through, such as finances, property and arrangements for any children. People often send it by post or email so there is a clear record of when the conversation began.

When do you need this document?

You need a Divorce Letter of Intent when you want to formally notify your spouse of your intention to divorce before starting official proceedings. This document is particularly valuable when you are planning to engage in mediation or collaborative divorce processes, as it establishes a framework for discussion. It is also useful when you need to clarify your position on key issues such as financial arrangements, property division, or child custody before filing your divorce application. Many people use this letter when there are complex assets involved or when they want to maintain an amicable relationship throughout the divorce process.

Key legal considerations

Your Divorce Letter of Intent should clearly reference the Divorce, Dissolution and Separation Act 2020, which governs no-fault divorce in England and Wales. The document must include accurate party information, marriage or civil partnership details, and confirmation that England and Wales has jurisdiction over your divorce. When addressing financial matters, consider the provisions of Section 25 of the Matrimonial Causes Act 1973, which governs how courts assess financial arrangements. If children are involved, ensure your letter acknowledges the principles of the Children Act 1989, particularly the paramount consideration of the child's welfare. Be cautious about making specific financial proposals in this preliminary document, as these may be used as evidence in later proceedings.

Legal requirements in England and Wales

Under England and Wales law, your Divorce Letter of Intent must demonstrate that the court has jurisdiction to hear your divorce case. This typically requires that you or your spouse are habitually resident in England and Wales, or that you are both domiciled there. The letter should acknowledge the mandatory 20-week cooling-off period established by the Divorce, Dissolution and Separation Act 2020, which begins when the divorce application is filed. You should ensure the document reflects the Family Procedure Rules 2010 regarding proper service and communication procedures. While not legally mandatory, including a clear timeline and proposed next steps helps establish good faith and can support smoother proceedings under the court's expectation of cooperation between parties.

How do you send a divorce letter of intent?

There is no fixed format required for the letter itself, so a clear written notice is enough. Many people send it by recorded post or by email to their spouse or their spouse's solicitor, keeping a copy and a record of the date it was sent. If you would rather not raise the topic in a phone call, a written letter lets the other person read and absorb it in their own time. Once the letter has done its job, the formal divorce application in England and Wales is made online through the government service, and it is that application, not the letter, that starts the 20-week reflection period.

What should the letter include?

A well-drafted letter for divorce usually covers the same core points:

• The full names of both parties and the date and place of the marriage or civil partnership.
• A clear statement of your intention to divorce under the no-fault process.
• Whether you intend to make a sole or joint application.
• The main issues you would like to resolve, such as finances, the family home, pensions and arrangements for children.
• A proposed next step, for example mediation or a follow-up discussion, and a reasonable timescale for a response.

How to fill in and use the template

Fill in the template with your details, then read it through before you send it. Search for the specific points that apply to your situation and edit anything that does not fit, so the final letter reflects your position rather than a generic draft. You do not need a lawyer to write or send it, though you can ask one to review it if money or property arrangements are complex. Once you are happy with the wording, tell your spouse or civil partner your intention in writing and keep a dated copy for your own records. If your circumstances change before you file, you can update the letter and send a revised version.

What the letter does and does not decide

The letter records your intention to end the marriage and opens the conversation on money, the family home and arrangements for children. It does not settle those things and it does not affect either party's legal rights. Nothing you write here obliges you to pay a particular sum or to accept a particular split of assets. Those points are agreed later, either between you or through the formal application and any financial order. Think of the letter as the first paper in the process rather than the last word on anything.

Related templates

If your situation has moved beyond the initial letter, you may also want a marital separation agreement to record living and financial arrangements. You can browse the full set of divorce agreement templates for the document that fits your stage of the process.