Good Divorce Week: common divorce myths

Myth #1: I can get a ‘quickie’ divorce

Despite what is portrayed in the media, there is no such thing as a ‘quickie divorce’. However, since April 2022, a person who wishes to divorce their spouse, no longer requires to provide a reason or fault. This has simplified the process, unless the spouse does not co-operate of course.

Myth #2: I can get a ‘meal ticket for life’

Maintenance has always been a hot topic of conversation. Whilst it remains possible for a spouse to secure a maintenance order for life, this is incredibly rare.

A court cannot force a party to find a job, but judges are keen to see parties move towards financial independence as soon as possible. If they can establish a ‘clean break’ between the parties, this will always be the preference.

The only way of establishing whether a maintenance order for one party is required is through a thorough examination of the claiming spouse’s income needs, as well as the resources of the paying spouse.

Myth #3: Full disclosure is not necessary

Parties are expected to make full, relevant and continuing disclosure to each other, setting out full details of their circumstances.

Early, voluntary disclosure is encouraged in order to assist negotiations and increase the chances of reaching an early settlement and avoiding court proceedings. This duty is ongoing throughout the process.

Myth #3: Full disclosure is not necessary

Usually, parties are required to disclose twelve months’ worth of bank statements, three months’ worth of payslips, up-to-date cash equivalent transfer values for all pensions, and any debts and liabilities. The consequence of not disclosing assets can be serious, such as a cost order being made against you, adverse inferences being drawn due to the lack of requested information - or you could even end up in prison for contempt of court.

Myth #4: The 50/50 split

The starting point is 50/50; however, there may be justification to move away from equality. The judge assesses this at their discretion, which varies on a case-by-case basis.

There are a number of factors considered, from the age of the parties, the parties’ standard of living before the breakdown of the marriage, contributions made by each party, the current and potential income and earning capacity of each party and the duration of the marriage. If there are children involved, their needs are paramount.

Myth #5: I do not need a financial order if I am divorced

Myth #5: I do not need a financial order if I am divorced

This is one of the most common misconceptions. It is essential to have a legally binding consent order drawn up, ideally at the time of divorce, to reflect the agreed financial settlement. Without an order in place, all potential claims between the parties remain live, which is risky for both parties further down the line as circumstances can change significantly.

It is advisable to enter into one, even if there are no assets.

Myth #5: I do not need a financial order if I am divorced

Where possible, instruct a solicitor to draft a consent order for you to ensure that a judge ratifies the document, so that the document is legally binding for the future.

The financial order cannot be made until after the Conditional order (or decree nisi under the old-style divorce) has been made.

I am entitled to an equal share of my spouse’s business

Myth #6:

entitled to an equal share of my spouse’s business

There is much discussion around whether a business is a matrimonial or non-matrimonial asset. Although parties normally have a strong claim to share equally in all matrimonial property built up during the marriage, they may have a much weaker claim to share in non-matrimonial property.

When deciding if a business is ‘non-matrimonial’, a court will consider whether the business was established before the marriage, if one of the parties inherited it, and if it has grown substantially post-separation due to the efforts of one particular party.

I am

We often find that tax advisors encourage shareholders/directors to make their spouse a secretary or director of their company for tax purposes. However, this can cause financial implications further down the line if the relationship breaks down.

If you are a business owner, it is important that you seek early legal advice so that you are aware of your future risks. It might also be prudent to put a pre-nuptial or post-nuptial agreement in place to protect your business interests.

Myth #6: I am entitled to an equal share of my spouse’s business

Myth #7:

My spouse is the beneficiary under a trust and I will benefit from this

The court has a duty to consider all of the available assets and resources of the parties and often there is dispute around whether a trust should be treated as part of the matrimonial pot or not. The court might be called upon to decide whether trust assets should be used to meet the needs of the parties or to achieve equality and fairness in long marriages.

Myth #7: My spouse is the beneficiary under a trust and I will benefit from this

Myth #7: My spouse is the beneficiary under a trust and I will benefit from this

Through the disclosure process, you will need to establish your spouse’s trust interest, its value and whether they will have access to any trust income and/or trust assets. The trust interest may only be considered by the court on divorce if for example; the beneficiary spouse will have access to the trust assets at some point within the near future.

Myth #8:

It does not matter geographically where I initiate my divorce proceedings

Myth #8: It does not matter geographically where I initiate my divorce

When parties have connections to multiple jurisdictions, it must be carefully considered where it is best to instigate divorce proceedings. The choice of one jurisdiction over another can have major implications.

For instance, England and Wales are well known for broad powers to produce fair financial result, whereas other jurisdictions may be less flexible and generous. It is imperative that you take early advice and act quickly to secure the most favourable jurisdiction for your case.

Our divorce services

Our senior and experienced team, based in our offices in London, Cardiff and Bristol, regularly advise on high-networth divorces with valuable assets involved.

They regularly work on both UK and international divorce cases, with experience in the intricacies of separation or divorce within different religions and cultures.

We can advise you at every stage of your separation, divorce or dissolution.

Whether you are ready to file for divorce, or you simply want to discuss your options – our trusted lawyers will be by your side.