Post by Georgina Stavrou
As the autumn leaves fall, many people begin to reflect on different aspects and changes in their lives, including their personal relationships. For some married couples, this period of reflection can prompt a reassessment of their happiness and long-term compatibility. While many use this time to strengthen their relationship and address ongoing concerns, others may conclude that divorce may be the next step for them.
When contemplating separation or divorce, it is important to obtain legal advice as early on as possible. Unfortunately, there are many myths surrounding divorce, often fuelled by misunderstandings, outdated assumptions, information which has become distorted through repeated retelling, or though misinformation online. Relying on these misconceptions can create unnecessary anxiety and confusion.
Here are three common myths that our expert matrimonial team frequently encounter:
1. “I can get a ‘quickie divorce’”
Not quite. The introduction of no-fault divorce in April 2022 sought to simplify the divorce process by removing the need to attribute blame for the breakdown of a marriage. Provided that at least one year has passed since the date of marriage and the jurisdictional requirements are satisfied, either one party or both parties jointly can apply for a divorce on the basis that the marriage has irretrievably broken down, without the need to provide any further explanation.
While the divorce process itself takes a minimum of 26 weeks, realistically it will often take longer. Delays can arise for a number of reasons, including court processing times and procedural steps that must be taken by the parties. The no-fault divorce change also introduced a mandatory 20-week period of reflection from the date the divorce application is issued and the application for the Conditional Order, which inevitably affects the overall timescale.
Another common reason for delay is the need to resolve financial arrangements. It is important to remember that obtaining a Final Order in the divorce does not automatically bring an end to the financial claims that exist between spouses by virtue of the marriage. A separate financial order is required to formally determine or dismiss those claims, which should ideally be finalised before the Final Order in the divorce is obtained. Reaching agreement on financial arrangements can take time, but addressing financial matters alongside the divorce process can provide certainty and enable both parties to move forward with confidence.
2.“Divorce means expensive court proceedings”
Not necessarily. The divorce process itself is now primarily dealt with online, meaning there is usually no need for parties to attend court. Whilst resolving financial matters may involve court proceedings, it is often possible, depending on the circumstances, to explore non-court dispute resolution options such as mediation, arbitration, as well as negotiations through solicitors. These alternatives can offer a more constructive way of resolving financial issues and are often quicker, more cost-effective and less stressful than contested court proceedings. In many cases, they also give parties greater control over the outcome enabling them to maintain an amicable relationship going forward.
3. “My spouse cannot claim against assets that are either in my sole name, that I inherited, or that I had before we got married”
Whether a spouse can make a claim against an asset depends on the specific circumstances of the case, rather than whose name the asset is in. For example, if the family home is owned solely by one spouse, the other spouse may still have rights in relation to that property, including a right to occupy it and potentially a share of its value on divorce.
Assets acquired before the marriage or received by way of inheritance may be considered non-matrimonial assets and, in some cases, may be excluded from sharing. However, this is not automatic. The court will consider factors such as how those assets were treated during the marriage, whether they became integrated into family finances, as well as the parties’ and any children’s respective needs, and the available resources at the time of divorce. Ultimately, each case is assessed on its own facts, and ownership alone does not determine whether an asset is protected from a claim.
If you are considering divorce, seeking advice from a specialist family lawyer is the best way to ensure you receive clear, accurate and practical guidance. Our matrimonial team will be able to provide advice tailored to your specific circumstances, helping you make informed decisions about the future with confidence and clarity. Please contact our specialist family lawyers on 020 7935 3522.
Whatever your personal circumstances, the above is intended as a guide only, and we would strongly recommend that you contact us to obtain definitive advice.