A few common divorce myths dispelled
A little knowledge, as they say, can be a dangerous thing – this is particularly true of divorce in England and Wales. There are numerous common myths surrounding divorce and, as these can prevent people from achieving fair settlements or from even pursuing a divorce altogether, we thought we’d dispel some of the most common. Here goes.
Assets need to be divided 50/50
It may seem sensible to divide everything right down the middle but in reality, it’s anything but; trying to divide everything completely equally is actually extremely problematic!
Fortunately, assets can actually be divided in any way that a couple sees fit if they’re able to agree between themselves. Even in the event that they’re not, an equal divide is only used as a starting point with the court required to ensure that each party receives assets that enable them to continue to live in the manner to which they’re accustomed.
All financial ties end with a divorce
Again, it’s logical to assume that all financial ties (with the exception of child maintenance payments) are severed once a divorce is finalised. This is far from the case, however, and there are even examples of claims being lodged more than a decade after divorce have been finalised.
Ultimately, a claim remains possible until an agreement is made legally binding. This can be done via a Consent Order if the couple arrived at an agreement without the need to attend court. Alternatively, the courts will issue an order following them having ruled on how assets should be divided if it was necessary for the couple to ask them to rule on this matter.
Adultery affects financial settlements
Yes, on the face of things it’s reasonable to conclude that a spouse that commits adultery should receive a less favourable settlement, but the courts don’t see it that way – and they have a pretty good reason.
Whilst a Divorce Petition may cite adultery as the reason a marriage has irretrievably broken down, this is just one side of the story. In order to determine whether or not a spouse’s behaviour should result in them receiving a reduced settlement, you’d have to investigate in more depth in order to ensure fairness – and this simply isn’t possible.
You’re automatically divorced after living separately for five years
Now, whilst the previous myths we’ve discussed are grounded in logic, this one certainly isn’t. In spite of this, though, it continues to pervade.
This myth is easily dispelled, however, when it is pointed out that only the courts can grant a divorce and that there is no way they would have known a couple had separated if they had not been informed.
Yes, if you and your spouse have been living separately for more than five years, you’ll need to go through the divorce process like everyone else.
It’s always expensive
Undoubtedly the most common myth about divorce is that it’ll always cost both spouses thousands of pounds. Thanks to Quickie Divorce, this hasn’t been the case for nearly two decades!