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This article was published on January 18th, 2022
The decision to get a divorce is never an easy one, and it is often made more difficult by the many myths that surround them. As specialist divorce solicitors, we want to ensure that our clients can make informed decisions surrounding divorce, children and finances which is why we have created this blog detailing the top 10 January divorce myths, busted.
Unmarried couples have different legal rights to married couples, whether they live together or not. For example, if cohabiting couples decide to separate, they have no automatic financial responsibility towards each other.
Unless there are exceptional circumstances, the reasons behind divorce are usually not considered relevant when it comes to the sharing of financial assets. Instead, the court tends to deal with finances based upon the individual circumstances in each case and the family’s needs.
This is one of the most common divorce myths, there is a range of factors that will decide how pre-marital property and other assets are split including how long you have been married and how those assets have been treated as well as factoring in your earnings. If children are involved the court will factor this in.
There is no set way to split assets during a divorce, and although it might seem like the fairest way is a 50:50 split, finances will be split based on the particular circumstances in any given case to include income, capital and need.
Contrary to popular belief, there is no such thing as a quick divorce and it is generally quite a lengthy process. The average divorce process tends to take between 4 to 8 months. This process may be easier with the new divorce law coming into effect on the 6th of April 2022. Finances will take longer to negotiate and settle.
Many people are under the impression that getting a divorce will cost a fortune and this is often the reason that many couples wishing to separate are reluctant to make it official. Here at Thorneycroft, we have several different divorce packages to suit all financial situations. Getting advice from a solicitor can be invaluable to ensure the right outcome for you and your family. It is not just the divorce but finances and children that may need to be considered.
This is another common misconception about divorce. There is no law that states that children are more likely to end up with their mother after a separation. We advise couples that are separating to make the decisions about childcare based on which with have minimal upheaval for the children.
This is a common divorce myth; many people presume that they will not need to disclose all of their finances. However, both parties will be required to provide full and frank disclosure to avoid the potential of an unfair settlement. There is not just the home to consider but spousal maintenance, pensions and business interests that need to be considered.
This is one of the most common misconceptions about divorce. As difficult as it may be if one partner has committed adultery it doesn’t actually entitle the other partner to any more money. Your spouse’s behaviour generally has little to do with any financial agreements during a divorce.
This is a fairly common myth when it comes to divorce. You are still able to get a divorce even if your spouse won’t agree to one. The law is changing from the 6th April 2022 which will enable a party to secure a divorce without blame.
Above are just some of the common myths surrounding divorce. At Thorneycroft Solicitors our approach to dealing with divorce is on an amicable and conciliatory basis. We offer expert help and advice on the legal and financial implications of a relationship breakdown. If you are considering a January divorce, get in touch today by filling out our simple enquiry form or calling us on 0800 1979345 for a free consultation this can be face to face or virtually at a time to suit.