Divorcing can be complicated so it is not surprise that confusion can arise as to the facts and fiction that surround separation. In this article, we explore the common misconceptions.
1. “All divorces are acrimonious and involve lengthy Court proceedings”
Following the introduction of no-fault divorces in April 2022, spouses can apply to the Court to end their marriage without assigning blame or fault to the other. It is very rare for spouses to have to attend Court in relation to their divorce application.
Court intervention is only required in the event spouses are unable to agree a financial settlement once other dispute resolution methods (such as mediation) have been explored.
2. “All divorces are expensive”
The introduction of no-fault divorces has made it easier for spouses to deal with divorce applications themselves. The Court charges a fee of £612 for the application, but you may be eligible for a reduction of / exempt from paying this fee if you are in receipt of certain state benefits. If you are looking for a solicitor to guide you through the divorce application process, we can assist with undisputed applications on a fixed fee basis.
In relation to finances, the most cost-effective solution is to reach an agreement with your spouse and have that agreement drawn up by a solicitor. The costs of preparing the agreement will depend on the complexity of this. There is also a fee of £60 for the Court to approve that agreement so that is legally binding upon you both.
Do bear in mind that costs can escalate in the event an agreement cannot be reached, and Court intervention proves necessary.
3. “We are divorcing so all assets will be split between us equally”
The starting point for the division of assets is an equal split but this must be balanced against each spouses’ needs. Factors to take into account when considering needs include:-
· the needs of any minor children of the family;
· the spouses’ income and earning capacity;
· the spouses’ financial needs and responsibilities;
· the spouses’ housing needs;
· the standard of living during the marriage;
· the state of health of either spouse.
The Court will consider these factors when approving any financial agreement or making a decision as to an appropriate financial settlement.
4. “We are divorcing so are entitled to 50/50 child custody”
The divorce process is entirely separate to deciding arrangements for the children after your separation. In some cases, it may not be practical or in the children’s best interests to spend an equal time with each parent.
Arrangements for the children can however be made alongside the divorce process.
In the event that arrangements for the children cannot be agreed and all methods of dispute resolution have been explored, then you can make a separate application to the Court to determine the appropriate arrangements.
5. “It is over once the divorce is finalised”
Either spouse can make a future claim against the other’s assets, even many years after the divorce has been finalised, if there is no Court Order in place preventing any future financial claims being made. It is therefore prudent to address the issue of finances alongside the divorce proceedings.
At E J Coombs, we are experienced in dealing with all aspects of the divorce process, and financial and child arrangements.
Please do not hesitate to contact us, using the links below, to arrange an initial appointment discuss your options further.
