Divorce Myths Debunked: Knowing Your Rights

Being separated from loved ones is no doubt an extremely painful process, whether it’s being seeing your kids go to college or realising that you can no longer live together with your spouse.

Nobody likes going through a breakup. Nobody likes realising that the best choice for their mental health is to get a divorce.

The process of divorce is extremely painful—both mentally and physically. It comes with a lot of legalities, patience-testing situations, and a lot of revelations regarding the other side.

But a lot of couples stray away from the subject of divorce because they tend to fall prey to myths that make them think otherwise. But for some couples, divorce becomes a necessity.

Here are a few divorce myths to steer clear of:

“My Spouse Cheated so I Will Get More Compensation”

When it comes to distributing finances between both individuals, the Court will rely on section 25 of the Matrimonial Causes Act. However, the section has no references to infidelity or adultery.

The Court seeks to punish such behaviour financially. If you decide to stay with your spouse in a cohabitation agreement, your joint finances may be assessed differently by the law.

“We’re Divorced so I Don’t Have to Pay”

This is absolutely false. If you have children or if your spouse is unemployed, you will still need to fulfil your financial obligations.

You will need to pay spousal or child support. In the case of Wyatt v Vince, the couple divorced in 1992 after being separated for some time. However, after the husband became successful, the Court ruled that he should support his ex-wife financially.

However, it’s best to seek advice from a solicitor regarding these situations as they can provide you with the best advice.

“It’s not Adultery Because We were Separated”

This is also false. Your spouse can still take you to court and take legal action because despite being separated, you are not divorced. If you decide to get married to someone else while being legally separated, your spouse can take legal action against you.

You need to be divorced in order to get married a second time.

These are just a few divorce myths to steer clear of.

Looking for a family solicitor who can make things easier? Wembley Solicitors offers professional services regarding divorce and family law, so you can reach a financial settlement that would work in your favour.

If you’re looking for a divorce solicitor, contact us through email or call 020 3417 3700 to book an appointment.