Common marriage and divorce myths

myths Marriage & divorce

Divorce applications are reportedly on a dramatic increase following the introduction of the no-fault divorce law. Here, Glynis Wright MBE, partner and solicitor specialising in family law at Nelsons separates divorce fact from fiction

The Divorce, Dissolution and Separation Act 2020 came into force on April 6 this year and we’ve seen a rise in divorce applications. To put your mind at ease during a difficult time, here are the answers to questions we commonly receive about marriage and divorce.

The engagement ring

One question I am often asked is: ‘If I break up with my partner, do I have to return the engagement ring?’ If you break off an engagement or bring your marriage to an end, you may feel a moral obligation to return the ring to your partner. However, the law states that ‘the gift of an engagement ring shall be presumed to be an absolute gift’. The only way this could be challenged is by proving the ring was given under the condition that it should be returned.

Prenups

Another question I am often asked is whether a prenuptial agreement is legally binding. While prenuptial agreements are definitely worth having to protect marital assets, they are not strictly legally binding in the UK, particularly if the marriage is long-term and if there are children or dependents involved. However, prenuptial agreements are increasingly being relied on and upheld in divorce if the circumstances are right. This is due to the fact that having one in place can reduce acrimony and increase certainty following the breakdown of a marriage.

We’re also often asked: ‘Is there always a 50/50 split of assets in a divorce?’ Courts in the UK will always start with the basis of a 50/50 split of assets. However, there are several factors that can mean the Court will deviate if it is fair and reasonable to do so, such as: ◆ The length of the marriage or civil partnership ◆ Children from the marriage or civil partnership ◆ Benefits accrued e.g. pensions ◆ If one person in the relationship stopped working to support the other person; or, ◆ If large amounts of money have been inherited or generated following the separation

Divorce timelines

Unsurprisingly, the most frequently asked question we receive is: ‘How long will my divorce take?’ There is no hard and fast answer as it will always depend on a host of factors, from how busy the courts are through to how complex your financial matters are. As a starting point, we often advise clients to expect a divorce to take an absolute minimum of six to 12 months.

WE OFTEN ADVISE CLIENTS TO EXPECT A DIVORCE TO TAKE AN ABSOLUTE MINIMUM OF SIX TO 12 MONTHS Do you really need a solicitor?

Finally, many will question if they need a solicitor for a divorce. While there is no legal requirement for you to appoint a solicitor for your divorce, it is strongly advised. People who attempt to conduct their own divorces are often unaware of the issues it could present in the future.

While you may think your relationship is totally severed, there are legal loopholes that could cause problems further down the line that would easily be identified by a legal professional. Therefore, in order to guarantee peace of mind, it’s best to approach an experienced team to ensure that your current and future finances are protected.

If you have been affected by the issues in this article, you can contact Nelsons on 0116 222 6666 for advice.