In our Family Matters series, Jessica looks at some of the questions, concerns and misconceptions she regularly encounters in practice, offering clear, practical guidance on separation, divorce, finances and arrangements for children.
There is a great deal of information out there about divorce. Unfortunately, there is also a great deal of misinformation. Friends, family and social media can all be useful sources of support, but they can also lead people to believe that certain outcomes are automatic when that is not the case.
These are some of the misconceptions I hear most often in practice.
“Everything is always split 50/50”
Not necessarily.
There is no rule that every divorce must result in everything being divided equally.
The financial circumstances of the family have to be considered as a whole. That can include property, pensions, savings, income, liabilities and the needs of any children.
An equal division may be appropriate in some cases, but it should not simply be assumed.
Every case is different.
“If I leave the family home, I lose my rights”
This is another common concern.
Moving out of the family home does not automatically mean that you give up your financial interest in the property.
There can be many reasons why one person decides to leave during a separation.
However, I would always recommend taking advice before making a significant decision about the family home so that you understand the legal and financial implications first.
“Somebody has to be at fault”
This is no longer the case.
No-fault divorce means that one person does not have to prove unreasonable behaviour, adultery or another form of wrongdoing in order to end the marriage.
For many couples, removing the need to assign blame can help reduce unnecessary conflict at what is already a difficult time.
“Divorce only takes a few weeks”
This is another myth that can cause confusion.
The divorce process has statutory waiting periods built into it, so it cannot normally be completed within a matter of weeks.
In straightforward cases, the process commonly takes around eight months and can take longer.
It is also important to remember that the divorce itself and the financial arrangements are separate matters.
You may reach the end of the divorce process before all financial issues have been resolved, depending on the circumstances.
Avoid comparing your case with somebody else’s
One of the most useful things you can do is avoid assuming that your case will follow the same path as somebody else's.
There are often similarities, but the detail matters.
What happened in a friend's divorce, or in a case you have read about online, may have very little bearing on your own situation.
If you are unsure about something you have been told, ask.
Clear advice based on your own circumstances is far more useful than relying on a rule that may not actually exist. The Family Law team at francis george solicitor-advocate can help you understand the next steps.
Swindon