There Is No Such Thing as a Quickie Divorce
Before you contact your solicitor and expect a divorce with a quick turnaround so you can get on with your life, there is no such thing as a quickie divorce. It is normally reported that celebrities are granted a quickie divorce, but the quickie they are referring to is the pronouncement of a decree nisi, which gives entitlements to the instigating party to a divorce. While the decree absolute, also known as the final divorce certificate, is granted six weeks later, the reality is that a divorce can take up to six months to completely conclude. It could be longer if you cannot reach a financial settlement.
Being Cheated on Doesn’t Entitle You to a Larger Settlement
Many people make the mistake that if one partner has left the marriage, this is grounds for a bigger payout to the injured party, but when it comes to finances, the general rule is that the court is not interested in the reasons behind the marriage ending, but the assets and resources the couple have available and how they will be divided. If your partner commits adultery, which causes the breakdown of the marriage, it doesn’t mean they will be entitled to less money.
Divorce Will Not Keep You Financially Supported
This is based on the misconception of alimony payments, especially in relation to longer marriages. If the wife has stayed at home to raise the children, there is a commonly held belief that the courts will agree on maintenance payments, and while this was once the case, now, courts in England are placing time limits on what is called “post-divorce maintenance.” This means that the financially weaker partner in the divorce will have to go and earn money eventually.
It Is Not Always Possible to Separate Assets You Had Before Marriage
When a family separates, and there is a high number of assets, these non-matrimonial assets are not considered, but because most couples who divorce do not have what is called “assets in excess of their needs,” it is not always possible to separate the assets. It is going to carry more weight if you have entered into a prenuptial agreement that excluded those assets but because there are no formulas for working out how assets are divided, merely some guiding principles. The current state of English law is more discretionary and focuses on what each party has to live on, resulting in a number of different outcomes, which can impact people’s abilities to recover from a divorce.
There are a significant number of myths that need busting, and while this may be music to some people’s ears especially if they thought they would struggle to emerge from divorce, it’s never an easy process, and the focus is on dividing the assets as fairly as possible.
* contributed post