Five things you didn’t know about divorce…

There are often things that crop up during divorce that you might be unaware of. The family law team at Harrison Drury solicitors look at five things you possibly don’t know about divorce.

There are five facts, or grounds, which must apply in order for a couple to divorce:

• Adultery
• Unreasonable behaviour
• Desertion for a period of two years
• Two years separation with consent
• Five years separation without consent

1) In the courts in England and Wales you cannot be divorced on the basis of ‘irreconcilable differences’.

2) Divorce does not bring financial claims to an end. If a couple divorces, but doesn’t record an agreement regarding financial and property matters with an order of the court, then either spouse may be able to bring financial claims against their ex in the future, even years after the divorce.

3) Divorce proceedings don’t usually involve attending court. If both parties agree to the divorce, and there is no element of dispute between either in relation to the arrangements for your children or the division of your assets then it isn’t necessary to attend court to be divorced and have your agreements recorded.

4) Assets are not always divided equally on divorce. Many factors may be taken into account when assets are divided, including how long the spouses have been married, if they have children, their incomes and what they are likely to earn in the future and the contributions they have made to the assets.

5) Pensions can be shared in divorce. Many separating couples are unaware that their pension funds can be divided between them by the court when they divorce, by a pension sharing order. Whether or not this will be appropriate often depends on the amount in the funds, how long the spouses have been paying into their funds and their ages.

Harrison Drury have an experienced team of family and divorce lawyers in Lancashire and Cumbria. If you would like to speak confidentially to the team about any family law matter, contact them on 01772 258 321.