Divorce Myths – Explored and Discussed by Hurlows Family Law Practice
As there is a lot of information surrounding the divorce process and around divorce itself – there are also a number of myths surrounding facing a divorce and the divorce process in general. Although there are sources such as the media that report on high-case divorces, they often spread misconceptions or fortify myths around divorce that are not the case during the divorce process.
We have compiled some of the most common divorce myths that either often lead to divorce being misconstrued or are myths that have previously existed but are no longer the case in the modern day.
The team at Hurlows Family Law Practice has many years of experience working as specialist family law solicitors in Cardiff and have represented numerous clients in a variety of cases related to family law and divorce. Should you require more information then enquire with our team of solicitors today by using an online contact form on our website or telephone our solicitors now on: 029 2039 6087
Myth 1 – Divorce is Always a 50/50 Split of Assets & Finances
The first myth on our list is that financial settlements are always a 50/50 divide between the two parties. The court can change the equal division of assets in certain situations in which it is fair to do so. This could be in situations such as the needs of both parties and responsibilities in favour of the children. The current earning capacity for both parties is also taken into consideration and these aspects are all taken into account to ensure that a fair decision is met.
Myth 2 – Divorce Favours the Wife (Women are Favoured Over Men in Court)
Another myth that exists is that the courts will favour women over men in agreements and arrangements for children. This is simply not the case although unfortunately this could be the case in the past. This myth is usually pushed by reports in news outlets that cover large divorce settlements as well as perceptions of husbands being the main breadwinner of their families. Family roles have however changed drastically and this means that the courts consider equality therefore financial agreements are arranged to ensure that the more financially vulnerable spouse receives a fair settlement after the divorce process is complete. The court will look at a range of issues and decide as to what asset arrangements are fair and what arrangements are best for the children.
Myth 3 – Divorce is Faster if You Have More Money or More Solicitors
The next myth that is perhaps again circulated due to high profile coverage of divorces is that a divorce is faster if you have a large legal team and more money. The divorce procedure will take exactly the same length of time for all parties and this is if they reach an amicable decision. Parties can agree the decree nisi quickly but the same length of time is required before the decree absolute which is 6 weeks and 1 day. Financial agreements and agreements regarding children are what the media tend to report on but this does not mean that the divorce process is faster for celebrities. Reaching financial agreements and agreements regarding children is a separate process to becoming legally divorced.
Myth 4 – Adultery is an Easier Way to Prove Grounds for a Divorce
As discussed in our history of divorce article, a historic way of having a divorce approved by parliament was to cite adultery, even if adultery had not taken place – to increase the speed and success rate of their divorce. Adultery is a less common way of proving grounds for a divorce – citing unreasonable behaviour is a more popular and potentially amicable option. In some situations where adultery is cited, the third party involved in the adultery is named in the petition which can increase tensions during the divorce process.
Should a couple be separated and one of the parties has started a new relationship, they cannot cite their own adultery in a petition. If a petition is created against a spouse – it must be the other party that has committed adultery. They are committing adultery but cannot cite this as a reason for a petition, a petition must be made against them.
Myth 5 – Divorce is the End of Financial Claims
The final myth that we have selected in this article is the myth that the divorce is the end of the financial claims process. This is not the case – the divorce process is the process of legally ending the marriage or ‘marriage contract.’ Financial claims can be made after a couple has legally divorced and this could be due to aspects such as undeclared assets or other aspects.
Financial agreements are discussed separately such as division of assets and arrangements regarding children. It’s often recommended however to make decisions on this during the divorce process so these can be made legally binding before the divorce is finalised.
Hurlows Family Law Practice is a valued and respected Firm of Solicitors which has been serving the Cardiff and South Wales area since 2001.