Busting Popular Divorce Myths

Busting Popular Divorce Myths: The Truth You Need to KnowToday, we've put together some of the most common myths that surround divorce and separation. Time to do some myth busting and set the record straight.

Myth 1: "After divorce, my ex-partner can't claim anything years later"FALSE. Your ex-partner can still claim financial assets no matter how much time has passed since your decree absolute. Financial claims don't automatically expire after divorce unless formally dismissed by the court.

Myth 2: "Assets are always split 50/50 in divorce"FALSE. If you believed this one, you're in for a surprise. All assets start off being considered for equal division, however the courts must consider a list of factors that will then decide if more goes to one party and to whom it goes. These factors include:

• Custody of children
• Income and earning capacity
• Property ownership
• Disability or health issues
• Standard of living during marriage
• Contributions to the family
• Conduct towards one another
• Overall welfare considerations

There is no set formula - each case is entirely unique.

Myth 3: "Divorce is always expensive"FALSE. In fact, if the couple handle most of the legal proceedings themselves they will avoid lots of legal fees. Also, if they agree between themselves about financial claims they don't need to pay for the courts to sort out their assets.

Myth 4: "You need to prove bad behaviour to get divorced"FALSE. Marriages don't need to end because of bad behaviour. If you can prove your relationship has broken down irretrievably then a couple can get a divorce. This is usually done through separation, which can end the marriage peacefully.

Myth 5: "Mothers always get custody of children"FALSE. When deciding who gets custody of the children there isn't a fixed rule favouring mothers. The time spent between parents can be decided amongst themselves, and it's no longer unusual for a child to live more permanently with their father. The court's primary concern is the child's best interests.

Myth 6: "Living together gives you the same rights as marriage"FALSE. If you are not married there is no automatic way to share assets. Therefore, if the relationship breaks down, one partner cannot automatically claim rights to the other's assets. It is advisable that any agreements or shared assets are owned in the correct legal structure.

Myth 7: "Having an affair affects financial settlements"FALSE. Such behaviour would generally not be taken into account in financial settlements, unless it has caused some sort of physical or psychological harm, or has had a significant financial impact.

Get Expert Divorce Legal SupportUnderstanding your real rights and obligations in divorce is crucial. If you wish to seek any legal advice around divorce law, or simply want to know more, don't hesitate to call our team on: 0116 2999 199 or alternatively you can email us at: info@d-w-s.co.uk