Five common divorce myths busted

As family lawyers we are aware that there are many myths that surround this area of the law. In this blog family law expert Janine Hutson sheds some light on the realities of the divorce process.

Myth – If my spouse is responsible for the breakdown of our marriage I will receive a greater share of the assets to compensate for their bad behaviour.

Reality – In the majority of cases the reasons for the breakdown of the marriage will have no bearing on the division of assets. The family court accepts that in most marital breakdowns both spouses have their reasons for wanting to end the marriage, so will not divide assets based on who may be at fault. There are only very rare exceptions to this relating to serious misconduct.

Myth – If I move out of our jointly owned home I will lose my interest in the property and will be unable to return to it in the future.

Reality – Choosing to move out of your jointly owned home does not reduce your interest in it. As a joint owner of the property you are free to return to it whenever you wish and you must not be denied access. The only exception to this is if there is a court order in place which prevents you from returning to the property.

Myth – When our divorce proceedings are concluded, and Decree Absolute is pronounced, we won’t have any financial ties to each other.

Reality – Following divorce, former spouses continue to have potential claims against each other for financial support and a share of the other’s assets, unless a settlement agreement in a Consent Order has been recorded, or the court has made a final order in relation to their finances.

Myth – Children always live with their mother following a divorce.

Reality – Following a divorce the family court expects parents to reach agreement for the arrangements of their children, so the court will not become involved unless there is a dispute. If the parents cannot agree then the court would decide which parent the children should live with. The court will consider what is in the best interests of the children when deciding which parent they should live with and will not be biased in favour of either parent.

Myth – If I give away some of my assets my spouse will not be able to claim a share of them.

Reality – If the court finds that you have given away assets to prevent your spouse from claiming a share, the court is likely to order that the assets or property be returned to you by setting aside the transfer.

To discuss any aspect of family law please contact Janine Hutson on 01772 258321.