When you walk down the aisle and say I do, the last thing on your mind is divorce.

For some couples, their marriage will inevitably end in a divorce, and unless you have extensive experience yourself in family law or have trained as a family law solicitor, it is unlikely that you will know the truth about divorce in the UK.

At Prentice Family Law, our divorce solicitors in Guildford will always aim to represent our clients in divorce proceedings to ensure that they get the assets they are owed and deserve, alongside ensuring that any secondary issues that can occur with divorce, such as child access are overseen too.

But what are some of the most common misconceptions that our divorce solicitors in Guildford hear about this process from our clients?

Assets are split 50/50

It is incredibly rare that assets obtained through being married are split 50/50 and in most cases, the assets are given back to the person who was the owner or had the primary share in the first place. Our divorce solicitors in Guildford will, of course, aim to ensure that you get your fair share through the divorce process, but do not expect to get 50% of your spouse’s estate unless this was written in a prenuptial or postnuptial agreement. Divorce proceedings have to be fair for both parties.

You always need to go to court

It is incredibly rare that a divorce will end up in court, as this is expensive and delays the entire process. In the majority of cases, our team will meet with your former spouse’s legal team and work out the details in meetings. We will always aim to resolve divorces amicably and so, if you are feeling emotional or angry at your former spouse, it may be best to avoid these meetings

and have our team represent you.

The mother has the final say in child access

If you and your spouse have children, it is not the case that you or they will have the final say in child access, as the child’s rights also have to be taken into account. If it is deemed that you or your former spouse are dangerous, it may be in the child’s interest that limited access is pushed for, but in the majority of cases, the mother will not have the final say in child access from the father.

The process is very long

Divorce can be very long, especially if your spouse is delaying the process. However, in the UK as of April 2022, you can now apply for a no-fault divorce. On average, this will take 26 weeks and your partner will not have the right to contest it.

I did nothing wrong, so surely I won’t lose my assets through divorce

In most cases, you will not lose any assets through the divorce process, but it is worth noting that legally, you cannot make the process emotionally difficult for your partner through blame. There is no solicitor in the UK or the world that would allow you to use the divorce process as a means of hurting your former spouse and will always aim to keep it as amicable as possible.