If your marriage is on the verge of dissolution, where do you turn to for information? Many people gain their only knowledge about divorce law from what is available in the media. Unfortunately, some myths and rumours can muddle facts and lead to many misconceptions. Divorce is a reality of life and the more you know, the easier it is to navigate the complexities that will ensue later on. This article aims to debunk those myths surrounding divorce in the UK.
Being the offended party in adultery does not lead to a bigger settlement
In financial settlements resulting from divorce, adultery does not affect asset division. Wherever you are in England, the same law applies to divorce. Emery Johnson Astills Solicitors in Leicester and solicitors anywhere in England and Wales would refer to section 25 of the Matrimonial Causes Act to distribute marital finances after divorce. The court will not use immoral acts to punish the offender from receiving fair financial gains from the settlement.
The only exception to this rule is when the offending party decides to cohabit with the other person involved in the affair, as the courts may consider their financial obligations and needs differently when coming up with a settlement.
Quickie divorce is a myth
Blame it on the media to completely skew details of divorce proceedings, especially when involving celebrities. Misleading reports often give people the impression that there is a possibility to get a quick divorce. A petitioning party receiving a pronouncement in open court of decree nisi or divorce entitlement is not an absolute decree.
In reality, solicitors will give the petitioning party proper expectations on how long it takes to complete a divorce proceeding. The process can take months, not weeks, and an absolute decree only applies after resolving all financial issues.
The court is prejudicial towards men
One of the major misconceptions about divorce is that the settlement typically favours women. Once again, the misinformation stems from the media and the high-profile celebrity cases which, almost always, portray the wife as the victim.
Perhaps it is due to the traditional view that women are mostly homemakers that led to the impression that the courts favour them over men. However, equality is a principle that governs divorce financial settlements. The law aims for fairness but will also consider the needs of whoever is financially vulnerable.
Mediation leads to reconciliation
Mediation is not the same as counselling. The purpose of mediation is to help the erring parties come to an amicable divorce, while counselling aims to assist the couple in resolving marital concerns. Couples need not feel threatened that mediation proceedings are in place to encourage reconciliation.
A mediation meeting is required because it helps couples enter a safe space where they can discuss details related to the financial settlement, asset separation, and child custody so that both parties agree without the added stress and expenses of settling these matters directly in court. Mediation irons out many problems that occur in divorce which in many ways helps speed up the process and relieves much of the hostility surrounding the process.
The more informed you are about divorce law, the easier it is to avoid the pitfalls of these common misconceptions especially when you are facing a similar proceeding.