Five Divorce Myths

We do not encounter the law very often in our day to day lives but when we do, we always find someone who has and is willing to provide us with their opinion as to what might happen to us.

Here we demystify five common myths people have in respect of divorce:

  • If your ex has committed adultery, they will get less in a financial settlement

This is not true. Committing adultery will not impact the outcome of the financial settlement. The only consideration the court will give to behaviour in financial settlements is in circumstances where it is deemed to be gross and exceptional.

  • Divorce is automatic after 5 years

This is not true. Whether you are getting divorced after 1 year or 20 years of marriage you will still have to follow the same procedure.

  • You can get a “quickie divorce”

It is often reported in the media that celebrities have obtained a “quickie divorce”, this is merely lazy reporting. The average divorce will take approximately 6 months. Whilst it is possible to apply to speed up the final part of the divorce process, this would only be in exceptional circumstances.

  • When I am divorced my ex can’t claim any money from me

This is not true. Divorce and finances are often dealt with at the same time, but they are in fact separate sets of proceedings. A divorce will simply bring the end to the marriage, finances will not be finalised until an order has been made.

  • Common law marriage gives me the same rights as a married couple

This is not true. In UK law there is no such status as Common Law Marriage. You would be classed as a cohabitee, the law in this area is complex and you could be worse off following separation than if you were married.

If you are separated or experiencing difficulties in your relationship and contemplating divorce, then Alsters Kelley offer a free 30 minute appointment during which we can provide practical advice to assist. We have offices covering Leamington, Coventry, Nuneaton and Southam so do not hesitate to contact us on 024 7771 0236 or email to make an appointment.