The 10 Most Common Misconceptions About Divorce

Divorce can and should be a straightforward process. Unfortunately, there are a great many misconceptions about divorce. So, what are the most common erroneous assumptions people make? Here is our quick top 10:

1. That divorce causes out and out war. This is simply not true. In many cases it can be achieved simply and without animosity.

2. That you need to blame your spouse for some inappropriate behaviour or relationship to obtain a divorce. With the changes to the divorce law in 2022 and the introduction of no-fault divorce this is no longer the case.

3. That one person must start the divorce proceedings against their spouse. In fact with the recent changes to the law you can now decide jointly to divorce.

4. That getting divorced is really expensive. It certainly can be but there is no need for it to be. If you complete the divorce paperwork online then you only have to pay the Court fee, which is currently £593. The financial resolution is a different process and can be expensive depending upon your individual circumstances.

5. That the divorce will result in orders being made in relation to your children. It won’t – just because you get divorced it does not mean your children do. You will need legal advice in relation to any disputes over children matters.

6. That once you are divorced all your financial ties are severed. This is really important to understand. Divorce does not sever financial ties at all and you need to take specialist legal advice on your financial position. Once a financial settlement has been reached, in order to be binding this needs to be embodied in a Court order.

7. That you can get a divorce any time after you have got married. This is not the case. In fact you must be married for at least a year before you can obtain a divorce.

8. That your divorce will be exactly the same as your friend’s divorce. It is important to understand that everyone’s circumstances are different and whilst friends and family can offer support, it is always best to seek independent legal advice.

9. That once you petition for a divorce you are free to remarry. No, you cannot remarry until you receive your final divorce order. Additionally, be aware that if you remarry and you have not resolved your financial ties then you could prejudice your position.

10. That you can get divorced quickly. Whilst the process is a lot simpler now you can issue divorce proceedings on a no-fault basis, the process still takes time and there is no such thing as a ‘quickie divorce’. There is no simple answer to how long a divorce takes, but usually no-fault divorce proceedings will still take a minimum of around 30 weeks to finalise as there are statutory time frames incorporated into the process.

Ready to take the next step? Talk to us in confidence and find out where you stand. Our team of divorce and family law specialists – in London, Milton Keynes, Bicester and Watford – can advise and guide you from the moment we start working with you. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.