5 Divorce Myths dispelled

5 Divorce Myths dispelled

With divorce so heavily in the news at the moment due to reforms being discussed, we thought it wise to look at some common divorce myths.

1. You can divorce because you are unhappy

   Whilst this might be the reason, being unhappy cannot be used as a grounds for divorce.
   Currently, the only ground for divorce is the irretrievable breakdown of marriage shown by: adultery, desertion, unreasonable behaviour, separation for 2 years if both parties agree, or 5 years separation if one spouse contests the divorce.

2. You can get a quickie divorce

   For some reason, it is believed that you can get a divorce in as little as 12 weeks. In reality, it will take 4-6 months at least.
   We recently posted that the average was nearly a year!

3. Prenups are legally binding

   In England and Wales, prenups (prenuptial agreements) are not automatically taken as legally binding.
   However, a fair and properly carried out and written prenup is likely to be upheld in court.
   If you are considering a prenuptial agreement, you must ensure that you seek legal advice. They are complicated to draft and need to hit certain criteria to stand a chance of being upheld at a later date.

4. You have the same rights as a married person if you live with someone

   The biggest myth is in common law marriage. There is no such thing. You do not have the same rights as a married person. In fact, you have very little legal protection at present.

5. You will benefit more financially in the divorce if your spouse cheated

   No you wont. Adultery is not used to form part of the basis of financial settlements. Family Courts focus on what is fair and meets the needs of your family.

Samantha Lee, head of Family Law at Swain & Co Solicitors comments,

“Divorce myths are scary as they can distort people’s views and affect the decisions they make. I urge anyone facing relationship breakdown or looking to legally end their marriage to seek legal advice to ensure they don’t fall victim to divorce myths. You may get a nasty surprise.”

Samantha and her team offer free initial advice for family law and divorce matters, over the phone.

Call us on 02392 483322 to access this free divorce advice, or fill out our enquiry form and we will contact you back.