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Read more articles in: Blog, Family Law, Stuart Daniel

Are you considering a divorce? Debunking common divorce misconceptions

Divorce is an increasingly misunderstood and highly publicised topic, which can cause issues when couples do begin divorce proceedings.

Let’s take a moment to debunk some of the most common myths, to bring clarity and understanding to this complex process.

Quick divorce

The media often sensationalises celebrity ‘quickie divorces’, leading to the belief that divorces can be finalised in a matter of days or weeks.

The truth, however, is that the term ‘quickie divorce’ is a misnomer.

The divorce process takes a minimum of 20 weeks for a conditional order and a further six weeks and one day before the final order is granted.

Divorce always involves the court

Contrary to popular belief, not all divorces result in court battles.

Many divorces are resolved through mediation, collaborative law, or simple negotiation between solicitors.

If the parties can reach an agreement on all issues, including financial arrangements, a court appearance will not be necessary.

Court is generally a last resort, used only when the parties are unable to reach an agreement, as going to court will prolong the process significantly.

A partner can prevent a divorce

Divorce cannot be contested by the other partner anymore.

With the introduction of new ‘no-fault’ divorce laws in 2022, this option was taken away, so if a spouse makes a statement that the marriage has broken down, nothing further is required.

Common law marriage

Despite widespread belief in the concept, common law marriage is not legally recognised.

Unmarried couples do not automatically share the same legal rights as married couples, regardless of how long they’ve lived together.

For protection, cohabitating couples may need to create cohabitation agreements or legally formalise their relationship through marriage or civil partnership.

Divorce is undoubtedly a complex process. It is essential to receive accurate advice and support during this time. Get in touch with us now.

 

Stuart Daniel

Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.