If you have ever seen a soap opera in the UK, you may believe that every divorce process needs to go through court and that the process will result in one party receiving 50% of the marital assets.
It goes without saying that this is pure fiction; divorce law is a bit more complex than this, especially in the UK.
When you need to begin the divorce process, you should aim to contact our divorce solicitors in Guildford. We will be happy to support you through the divorce process and advise you on the best ways to speed the process up, saving you time and money.
But what are some of the most common myths about divorce in the UK, and what is the truth behind them? Our divorce solicitors in Guildford here at Prentice Family Law provide insight below.
You have to be living apart for a certain number of years before you can get divorced
In fact, in the UK, you can apply for a divorce as soon as you decide that your marriage has broken down irretrievably, regardless of how long you have been separated. But, according to our divorce solicitors in Guildford, for the divorce process to begin, you will need to have been married for at least 12 months.
One spouse is to blame for the breakdown of the marriage
Under UK law, there is no such thing as “fault” in a divorce. You can get divorced simply by stating that your marriage has broken down irretrievably, especially since no-fault divorces were introduced in the UK in April 2022.
It is also worth noting here that even if one spouse committed adultery etc., they might still be able to get access to shared assets following the divorce. So, it is not wise to assume that even if your spouse cheated on you, leading to the breakdown of the marriage, they would not be entitled to a share of the marital home.
The person who initiates the divorce will automatically get the children
In the UK, the welfare of the children is the most important consideration when deciding arrangements for their care. It is also a myth that any child will immediately be placed with the mother.
All assets will be split 50-50 in a divorce
While it was once common for assets to be divided fairly in a divorce, the actual division will usually be based on who purchased what, especially in the UK.
For instance, if your former spouse has primary custody of your children, it may be ruled that they have access to the family home until the children reach the age of 18.
All divorces need to go through court
While it is possible to go to court to resolve disputes during the divorce process, it is often possible to reach an agreement outside of court. Alternative dispute resolution methods, such as mediation, can be used to reach a resolution. In fact, our team will always aim to settle divorces out of court, as it saves a great deal of time and money.