When it comes to divorce, most people will not know the ins and outs of the process and the laws surrounding it until they go through one. But it’s worth noting that every divorce is different.

However, most people believe they know more about the divorce process than they actually do, which can lead to a fair bit of confusion when they begin going through a legal separation.

As divorce in the UK is complicated, you should always consult with a legal representative when you begin divorce proceedings to ensure that you are on the right track and to prevent the process from becoming complicated.

At Prentice Family Law, our divorce solicitors in Guildford are always happy to guide new clients through the divorce process and will always aim to explain everything in jargon-free language. We will also aim to help you with other areas of divorce as well, such as child access and access to the assets you deserve.

So, going back to the original point, what are some of the most common divorce myths in the UK? In this article, our divorce solicitors in Guildford will introduce you to 5 of the most common ones that we hear and will provide insight into each one.

A divorce means a 50/50 split

In simple terms, no, it doesn’t.

Divorce in the UK will always aim to be fair to both parties, unless a prenuptial or postnuptial agreement was signed, which will highlight which assets go where. Our divorce solicitors in Guildford will always aim to ensure that you get what you are entitled to via your divorce, but it’s worth noting that a 50/50 split in 2022 is incredibly rare.

Mothers always get the children in a divorce

When it comes to child access and who the children live with, this will be based on the child’s welfare and well-being. In most cases, it is true that the children will live with their mother and will see the father on weekends and school holidays. If you have concerns about your former spouse’s ability to raise children, then you need to seek advice from our legal team.

The breadwinner in the marriage gets more following a divorce

Assets in a divorce are not based on who owned what or even on the cause of the divorce; they are designed to be fair and will take into account child welfare. So, even if you were the breadwinner and your partner was a stay-at-home parent, this does not mean that you will instantly get more of the marital assets in a divorce.

Divorces always go through the courts

A divorce would rarely need to go through court, and in most cases, divorces are settled outside of courtroom settings. This is because our team and many other legal representatives want to keep the costs of divorce low, and hiring out a courtroom will add fees.

If my ex stops paying child maintenance, I can stop them seeing their children

You cannot stop your ex from seeing their children if they fail to pay child maintenance. Once again, this is based on the child’s well-being, and you may actually find yourself in a bit of legal trouble if you do this. If your spouse is not paying child maintenance, however, you should seek legal advice.