Georgia Meyer, a family solicitor at Mincoffs Solicitors, separates fact from fiction and highlights what really matters when navigating divorce.
From assumptions about court involvement, to misunderstandings about child arrangements, divorce is often surrounded by misconceptions. These myths can make an already challenging process feel even more daunting, so it is important to understand the legalities behind the process.
“I have to prove they were at fault to get a divorce.”
Since the introduction of the Divorce, Dissolution and Separation Act 2020, separating couples no longer need to prove one party was at fault to obtain a divorce. Instead, they simply state that the marriage has irretrievably broken down.
This move towards no-fault divorce aims to reduce hostilities and create a more constructive path forward. Couples can even make a joint application, encouraging cooperation rather than contention.
“When we divorce, I will automatically be given 50% of the assets.”
Although equal division of matrimonial assets is generally the starting point when dividing assets, a fair financial settlement depends on a range of factors, including matrimonial and non-matrimonial assets, individual needs, dependent children, age, and length of marriage to name just a few. In practice, courts prioritise needs above equality and each case is individually assessed. The outcome may also shift significantly depending on what the court deems appropriate for achieving a resolution that is fair.
“Mothers always get custody of the children.”
The law solely focuses on what is in the best interests of the child, meaning that care of the child is not automatically granted to one parent. Care arrangements are decided by considering each parent’s ability to meet the child’s needs, the child’s relationship with each parent and the practicalities of any proposed arrangement.
Courts favour care arrangements that allow children to have a meaningful relationship with both parents where possible. As a result, shared care arrangements, where children spend time with each parent, are becoming increasingly common.
“Pre-nups are only for the rich and famous.”
Pre-nuptial agreements are no longer solely for high-net-worth couples. Many people use them to protect everyday assets such as a house deposit contributed by one party, personal or business interests, or future inheritances.
A pre-nuptial agreement can help ring-fence certain assets, set expectations and reduce future conflict. Though not automatically binding, a properly drafted agreement, entered into freely and with proper prior disclosure, can carry significant weight with the court.
“If an asset is in my name, it’s mine in the divorce.”
Whose name an asset is held in generally matters far less than one might expect. What is crucial in divorce proceedings is whether the asset is considered matrimonial and what is needed to achieve a fair and balanced outcome. If an asset is classed as matrimonial, it may be included in the overall financial settlement (even if it is registered in only one party’s name).
“I’m going to have to go to court to get my divorce.”
A divorce does not automatically require attendance in court. In many cases, the divorce process is non-contentious and largely administrative.
Disputes are more likely to arise in relation to agreeing arrangements for finances on divorce, or arrangements for children. Even so, many issues can be resolved through solicitor correspondence or via non-court dispute resolution alternatives, without the need for a court hearing. Whilst some cases do require court involvement, it is far from the only option.
For confidential, trusted advice about divorce and separation, or any other family law matter, contact family@mincoffs.co.uk or speak to one of the team on 0191 281 6151.
www.mincoffs.co.uk