5 Divorce Myths Debunked

There are many misconceptions about divorce. With the divorce law also ever changing, this has created several myths about the impact of divorce and the process. Here are 5 common myths about divorce that are simply not true!

1. I must attend Court

Often people believe that getting a divorce means you must attend Court. This is false. The divorce process now entirely takes place online. There is no need to attend Court, unless there is a dispute in relation to a particular issue arising for the divorce. This can include disagreement on the division of matrimonial assets, child arrangements or issues surrounding domestic violence.

2. Once I am divorced, I have no financial ties to my former

Spouse – This is false. To satisfy all financial claims that you have against each other by virtue of your marriage requires a financial Consent Order. This is an order setting out what you have agreed in respect of the finances which is stamped by a Judge. Only then are your financial claims satisfied. If one former spouse is to pay Spousal Maintenance to the order, that likewise keeps income claims open for the recipient until that comes to an end.

3. As my spouse has committed adultery, that means I get more from the financial pot

This is incorrect. The reason for the divorce or separation has no bearing on the finances. This was the case even prior to the law changing to “no fault” divorce. The court does not award less to an unfaithful spouse and still applies the same key factors under the Matrimonial Causes Act.

4. The law favours the Wife 

There is a common misconception that matrimonial law is geared to be more in favour of women when it comes to money. This is not the case. Gender is not a consideration under the Matrimonial Causes Act. Traditionally, it was more common for women to be the homemaker and primary carer of the children, taking a backseat with their career. The court needs to consider that, and the additional needs that may create (less income so less mortgage raising capacity and availability for the children). This would, however, be the same consideration of the husband was the homemaker/primary carer. The courts must consider needs.

5. Lawyers means Court

Often people believe that instructing a lawyer automatically means that Court proceedings will be issued, or that lawyers are very eager to go to Court. This is not the case. We at Hawkins Family Law are members of Resolution who adopt a code of conduct to try to keep matters as amicable as possible. Court has its place, but where possible, we encourage parties to explore other options first as this is likely to keep matters more amicable and ultimately cost less money.

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.