Divorce myths uncovered

There are many myths surrounding divorce and family law about what to expect from the divorce process and this can make it very confusing at a time that is already emotionally draining. We have addressed some of the most common myths to assist you with the decisions you may need to make during this process.

Myth: It is impossible to remain amicable during a divorce

This is completely wrong and indeed the introduction of the No Fault divorce has helped to dispel this as you can now apply for a divorce on the single ground that the marriage has broken down irretrievably. This has ended the blame game.  Whilst some cases are acrimonious there still remains a large proportion that are not.

When researching solicitors try to ensure that you approach a solicitor who is a member of Resolution which is an organisation committed to the constructive resolution of family disputes.  Resolution members understand the benefit of remaining amicable in order to achieve a settlement.

Myth: Divorce always ends in court battles

It is actually very rare for Court intervention to be required. Most cases settle before the need for the courts to become involved and court intervention is generally only necessary if couples are unable to settle disputes over financial claims. This would be an absolute last resort and before even being able to initiate proceedings they will have had to have tried other options such as mediation unless there are extenuating circumstances.

If a lawyer recommends that you progress straight to contested proceedings, without explaining fully why that is necessary, you may find that they are not committed to helping you achieve a cost effective and amicable settlement.

Myth: Divorce is always expensive

Costs can escalate quickly when it comes to resolving financial claims between two parties who cannot agree. However, we are frequently instructed by couples who have tried to manage without legal advice and often some of the decisions that they have made are hugely prejudicial to their case. We advocate getting early legal advice. If you chose the right lawyers, engaging in mediation and voluntary disclosure will be advised and will help to keep your costs down.

Myth: Assets are always split 50/50 upon divorce

The starting point for a division of assets is a 50/50 split, however, it will not be appropriate in all cases to share the assets equally. The Court uses a list of factors to make a decision as to whether it would be fairer in all of the circumstances for there to be a departure from equality.

These factors are known as the section 25 factors and include:

(a) the income and earning capacity, property and other financial resources which the parties have or is likely to have in the foreseeable future;

(b) the standard of living enjoyed by the family

(c) the age of each spouse and the duration of the marriage

(d) any physical or mental disability of either spouse

(e) the contributions which each of the spouses has made or is likely to make in the foreseeable future to the welfare of the family, including contributions in looking after the home or family

(f) the conduct of each spouse, if that conduct is so bad that it would be unfair to disregard it and finally

(g) the value of any benefit which a spouse will lose by reason of the divorce e.g., a pension.

At IBB we use our experience and expertise to guide you through the divorce process and manage your expectations in terms of the financial settlement.

Good Divorce Week is an annual campaign run by Resolution that focuses on limiting conflict in divorce. The aim is to encourage couples experiencing divorce to try to address the issues they face in the best way possible. 

Speak to our Family Law experts

For more information, speak to our specialist Family lawyers on 01895 207882 or email Javita Malhotra on: javita.malhotra@ibblaw.co.uk.