Divorce can often feel overwhelming, largely due to misconceptions surrounding the process. To approach divorce with clarity, it is essential to understand and address some of the most common myths.
Myth 1: Divorce always requires assigning blame
Before April 2022, couples in England and Wales needed to prove misconduct or separation to initiate divorce; however, since the introduction of no-fault divorce, couples no longer have to demonstrate wrongdoing. Instead, a statement confirming the irretrievable breakdown of the marriage suffices, promoting a less contentious process.
Myth 2: Mothers automatically get custody of children
One persistent myth suggests that mothers always receive custody of children. In reality, courts focus exclusively on the child’s best interests, prioritising stability and welfare. Modern arrangements frequently involve shared care, reflecting changing family dynamics and working patterns. Legal guidance from a London law firm such as Forsters can clarify arrangements based on individual circumstances.
Myth 3: Divorce proceedings are costly
Many people assume divorce will always be financially draining; in truth, divorce costs vary significantly. A straightforward application can be as affordable as the mandatory court fee, currently £593, with further exemptions available depending on income. Although complex financial settlements can be expensive, options such as mediation or collaborative law, offered by specialised solicitors at a reputable London law firm, can effectively minimise expenses.
Myth 4: Long-term cohabitation grants marital rights
A prevalent misconception is that cohabitation for a prolonged period grants legal protections similar to marriage. No matter what the duration, unmarried couples do not acquire automatic legal rights to each other’s assets. Property ownership and financial claims remain strictly governed by legal titles and specific agreements.
Myth 5: Financial ties end automatically upon divorce
Contrary to widespread belief, divorce does not terminate financial obligations between spouses. Only a legally binding financial remedy order ensures a clean break, preventing future claims. Without such an order, either spouse could potentially make financial demands long after the divorce has concluded, emphasising the importance of obtaining professional advice.
Dispelling these misconceptions can significantly ease the stress of divorce, making the process clearer and more manageable.
