Top 10 divorce myths

Several myths surround divorce in the UK, often leading to confusion and unnecessary stress.

It can get confusing between what is fact and fiction and perhaps the only person qualified to explain the whole process is a professional family solicitor.

Here Terri Pickup, a specialist family law solicitor picks out the truth from the preconceptions of divorce:

No-fault divorce

One common misconception is that you need to prove fault or blame to get a divorce, when in fact, the "no-fault divorce" system allows for a divorce based on the irretrievable breakdown of the marriage.

“Another myth is that divorce automatically leads to a quick and easy split of finances, when in reality, a court-sealed consent order is needed to finalise financial arrangements and prevent future claims,” Terri Pickup advises.

1. Fault-based divorce

Myth: You must prove your spouse did something wrong (adultery, unreasonable behaviour, etc.) to get a divorce.

Reality: The "no-fault divorce" system in the UK allows for divorce based on the irretrievable breakdown of the marriage, without needing to assign blame.

2. Quick and easy divorce

Myth: A divorce is a quick and simple process, especially if both parties agree.

Reality: The actual divorce process can take around seven months to conclude, but complex financial arrangements can lengthen the overall process. Once the initial divorce application has been received by the court, there is a 20-week cooling-off period before you can apply for the conditional order from the court.

You then need to wait a further six weeks before you can apply for the final order. It is often advisable to not finalise your divorce until the finances are resolved.

3. Automatic 50/50 split

Myth: Assets are automatically divided 50/50 in a divorce settlement.

Reality: While 50/50 is a starting point, the court will consider various factors, including income, earning capacity, contributions, and the needs of both parties, when making financial decisions.

It’s a good idea to come to the first appointment with your divorce solicitor with a clear outline of your finances and a breakdown of marriage assets if you can.

4. No need for a Financial Orders

Myth: If you part amicably and agree on finances, you don't need a financial order.

Reality: A financial order (consent order) is crucial to finalise financial arrangements and prevent future claims, even if you agree on how to divide assets.

5. The family home in one name means it's not a matrimonial asset:

Myth: If the house is only in one spouse's name, it's not part of the matrimonial assets.

Reality: All assets owned by either spouse, regardless of whose name they are in, are generally considered matrimonial assets and are subject to division.

6. Children automatically go to the mother

Myth: Mothers are always granted custody of the children in a divorce.

Reality: The court's primary concern is the welfare of the child, and custody arrangements are made based on what is in the child's best interests, regardless of the parent's gender. A separate application has to be made to the Court alongside the divorce and financial process if child arrangements cannot be agreed.

7. Financial Ties End Automatically After Divorce

Myth: Once divorced, financial ties between the parties are automatically severed.

Reality: Without a court-sealed consent order, financial ties can continue even after divorce, and either party could potentially make future claims on the other's assets.

8. You don't need legal advice

Myth: You don't need a solicitor to get divorced; you can handle it yourself.

Reality: While you technically can file for divorce yourself, seeking professional legal advice is crucial to ensure your rights are protected, especially when it comes to financial matters.

9. Divorce is always means a Court battle

Myth: Divorce always involves a contentious court battle.

Reality: The divorce process itself is a non-contentious, administrative legal process and in the majority of cases you would not need to attend Court.

Most financial matters are resolved through agreement between the parties, often with the assistance of mediators or collaborative lawyers. Court appearances are usually only necessary if an agreement cannot be reached between the parties in the absence of Court intervention.

Most financial agreements are usually resolved by way of consent.

If it is not possible to reach an agreement by way of negotiation, you have in the majority of cases got to consider mediation before issuing proceedings for the finances. A mediator will try and help you both to settle your differences and find an acceptable solution. The court is only used as a last resort if all other attempts to deal with matters fail.

10. A common law marriage gives you similar legal rights to marriage

Couples who live together have far fewer rights than married couples. However, even if you are unmarried you should still seek specialist legal advice.

How can we help?

For legal advice contact our specialist Divorce and Family Law Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.