When you and your spouse are planning your wedding and your new life together, the last thing that will be on either of your minds is divorce.
It is anticipated that divorce rates in the UK will drop, thanks in part to the no-blame divorce law which came into effect in April 2022. But generally, divorce rates in the UK have been steady for the last 20 or so years, meaning that as many as one in 10 marriages will end in divorce.
If you and your partner are about to go through a divorce, it is worthwhile knowing what the facts are about this process, as opposed to what you may have heard via soap operas or movies. In this article, you will be introduced to 5 of the most common mistruths surrounding divorce in the UK, alongside the truth behind each one. So, read on to learn more.
Everything is divided 50/50
It is incredibly rare that the assets you and your partner have accumulated will be divided 50/50. Any divorce solicitors in Guildford will tell you that in the majority of instances, the assets will be divided based on who owns them. So, if you bought the car, you keep the car. This can become a bit blurry when it comes to things such as housing, as you both may have put your name down as the owners of a property. In this instance, it may be divided 50/50.
If you need any help relating to asset division, you will need to consult with a family solicitor who will be able to guide you through the process.
Children always live with their mother
In the majority of cases, this is true, especially if the children are very young, as it will cause less psychological harm if they are not separated from their mothers. But, if you feel that your former spouse would be detrimental to your children as the sole caregiver, then you need to discuss this with your solicitor and you can then instigate custodial proceedings.
Divorces always go through a court
It is highly unlikely that your divorce will go to court, especially following the no-fault divorces of April 2022. This is because under the new law no one can challenge the divorce. Under the old law, if your partner accused you of adultery, you could stop the divorce by stating that you had not committed it.
Even in those instances, it would have been rare for it to go to court, as it would take longer and cost a lot more money.
If the divorce wasn’t my fault, I will get more out of it
This is an assumption based on blame, which has been removed from the divorce process as of April 2022.
If you are divorcing your partner, it is likely that you will get out of the marriage exactly what you put into it.
The divorce will take a long time to resolve
The divorce process usually takes around 26 weeks.
After the initial paperwork is filed to the court, there is a period of around 20 weeks during which you and your partner can look to reconcile your relationship or aim to discuss the separation. Once the final pieces of paperwork are pushed through, there is a 6-week period. And after this, you will both receive the divorce papers and will be legally able to remarry.