The Assumption

"McKenzie Friends are legally qualified and professional."

Court Reality

McKenzie Friends are not required to be legally qualified. They provide moral support, help with paperwork, and take notes for litigants in person, but they cannot conduct litigation or act as advocates unless the court grants specific rights of audience. Always check qualifications and references before instructing one.

The Assumption

"Where you divorce is just an administrative detail — what really matters is where you married."

Court Reality

The country where your divorce is processed is one of the most financially consequential decisions in the entire process — not a neutral administrative detail. What matters far more than where you married is where you are habitually resident now. If England and Wales is your genuine home, you can usually divorce here regardless of where you married. England applies section 25 of the Matrimonial Causes Act 1973, which considers needs, resources, and contributions (including non-financial ones like raising children). Many European jurisdictions take a narrower approach, treating pre-marital or inherited assets as separate property. Post-Brexit, jurisdiction and enforcement across EU countries is less predictable than it was. Getting this wrong can cost tens of thousands of pounds — and by the time proceedings are underway, it is often too late to change direction.

The Assumption

"(Court Bundles) I can send my bundle as several separate files."

Court Reality

The Bundles Guide (para 7.11) says an electronic bundle should be saved as a single PDF unless the judge directs otherwise, follow the same order as the index, and have clear section headings.

The Assumption

"I'll have to go to court to get divorced — it's going to be a long, stressful process in front of a judge."

Court Reality

Since no-fault divorce was introduced in 2022, most divorces are handled entirely online — no court appearance required. You apply, wait the required periods, and receive your orders digitally. Court only becomes necessary if there's a dispute — usually about finances or children, not the divorce itself.

The Assumption

"(Court Bundles) I should put my emails, texts and WhatsApp messages in the bundle to prove my point."

Court Reality

The Bundles Guide (p7) says not to include correspondence, emails, text messages, WhatsApp messages or other social media messages unless the court has ordered it.