Six divorce law myths busted

Here we discuss six of the most common myths in divorce and uncover the legal facts surrounding these misconceptions.

Myth – When your divorce is finalised, and you have received your decree absolute, you will no longer have any financial obligations to your former spouse.

Reality –Your financial obligations to your former spouse will continue following your divorce unless you have recorded the terms of a financial settlement in a consent order and had this approved by the court or if you have issued court proceedings and the court has made a final order.

Myth – Assets are always divided 50:50.

Reality – In fact this is rarely the case. One spouse may have significantly greater income, or have the children living with them, or have a disability or illness which prevents them from working. The needs of the children are of paramount importance.

Myth – Our assets are held in my spouse’s name, I therefore have no entitlement to share these assets following a divorce.

Reality – All assets of the couple, whether held in their joint names, or sole names, will be considered in settlement of financial matters. If a couple has been married for several years and there was no pre-nuptial agreement then it is extremely unlikely that assets held by one spouse in their sole name will be retained by that person without claim from their spouse.

Myth – If I move out, I lose my interest in a property.

Reality – Your interest in the former matrimonial home will not be in any way diminished by moving out. The only issue of concern is that if you wish to sell the property you may feel less able to be fully involved in the sale process if you are not living there. This is a purely practical point and can be remedied by keeping in close contact with your estate agent.

Myth – I earned more during the marriage therefore I will receive more of the assets.

Reality – This is false. Having the higher income and earning capacity may actually mean that you receive less of the capital assets of the marriage as your financial position may be more secure than that of your spouse.

Myth – The divorce was my fault, therefore the financial settlement will reflect this.

Reality – Conduct in the marriage is only taken into account in very rare cases. These usually involve cases of financial misconduct.

To discuss any aspect of family law, contact Janine Hutson on 01772 258321 or janine.hutson@harrison-drury.com