Most common Divorce Misconceptions
The most common misconceptions during divorce
Everyone seems to have an opinion or have ‘advice’ to give you when you announce you are divorcing your spouse. This is why its so easy to get caught up in all the myths and misconceptions that divorce brings.
It’s always good to take what others say with a pinch of salt unless they are qualified in this area.
Hopefully, this blog post will give you the facts over opinions and clear up all the main misconceptions that come with divorce.
The Most Common misconceptions include:
I was the sole earner, therefore, I deserve more
Myth- The work put into raising children and looking after the home are often seen as equal to the spouse who has earned the money over the years during the marriage.
Getting divorced means you are financially free from each other
Myth- The only way you can be financially free from each other is if you have a financial consent order in place. If you do not then you or your spouse can still claim against each other’s assets, even after several years.
Check out our consent order packages if you are yet to obtain one.
You have to pay more if you admit to adultery or unreasonable behaviour
Myth– The court will very rarely praise or punish behaviour in a marriage so you will very rarely be asked to pay more for this.
You have to have a solicitor to get divorced
Myth- You do not have to have a solicitor to get divorced, you can actually file for divorce yourself! However, the forms can be quite complex and time-consuming, which is why many turn to a solicitor but a solicitor, is not your only option.
There are many companies’ that can file your divorce for you like us here at Quicke Divorce. We offer many different packages to suit your needs and budget and take the stress out of divorce.
Check out our Quick and Easy Divorce Packages– Starting at just £59!
Divorce costs thousands
Myth- Divorce can cost thousands but it doesn’t actually have to. You can actually file for divorce yourself for free or hire a company like Quicke Divorce to do so on your behalf for a fraction of the price of high- street solicitor.
You may even be exempt from paying court fees if you are on a low income so for some, a divorce can actually be very cheap.
I can get divorced as I committed adultery
Myth- You cannot get divorced based on your own adultery, if you are looking to file for divorce then you will have to seek another divorce ground.
Alternatively, if your spouse is willing then they can file for divorce based on your adultery.
If I don’t agree to the divorce there is nothing my spouse can do about it
Myth- You can oppose a divorce petition if you believe the facts of the petition are incorrect but this does not mean your divorce will be dismissed. You have to oppose your divorce petition within 8 days of receiving the petition. In doing this, you may be asked to pay a fee of £245.
It’s important to note that it’s very rare for the courts to dismiss a divorce petition if they have facts to back up the case. So defending a divorce petition is not always worth it.
Similarly, if you do not respond to a divorce petition but the courts know you have received it then your spouse may still be able to ahead with the divorce.
I can get divorced whenever I like
Myth- Unfortunately this is untrue; you have to have been married for at least 1 year before you can get divorced in England or Wales.
After the 1-year period, you will then be able to get divorced as long as you can choose one of the 5 grounds for divorce.
You have to go to court
Myth- It’s actually very rare that you will ever be asked to attend court.
The only time you will be asked to go to court is if you cannot agree to the grounds of the divorce proceedings that are being issued or if you cannot agree on who will pay for the divorce proceedings.
If you and your spouse are in agreement over the divorce then its very unlikely you will ever be asked to attend a court hearing.
There is a standard calculation to work out a fair division of assets
Myth- This is untrue; there are so many factors that are taken into consideration when divorcing that no case is alike. This is why there can be no calculation or standard procedure when dividing up your assets.
We have written a detailed blog post on this topic which can be a very valuable read and will give you a much better understanding of what happens in terms of division of assets.
Children always live with their mother
Myth- This is yet another very common misconception. The court looks at many factors if spouses cannot agree on whom the child lives with and will make a decision on what they deem best for the children.
If I leave the marital home, I no longer have to pay the mortgage
Myth- It’s likely you have a joint mortgage with your spouse, which means you are both jointly responsible for the mortgages repayments and have an equal responsibility in making sure that the repayments are made on time.
If they are not then you are both liable for this and action will be taken on both parties involved.
If you find yourself having to deal with a joint mortgage in divorce then do not panic, there are options available to you.
We have written a blog post on the topic, which will give you all the advice and option on what you can do.
There are far too many misconceptions when it comes to divorce so if you are ever unsure of what’s actually true then it’s always best to ask an expert.
We offer free over the phone advice to customers to ensure that they know the difference between the facts and myths that come with divorce.
Contact us today to speak to one of our friendly divorce advisors who will be more than happy to help you.