Bournemouth Divorce Solicitors.
Ten Things You Must Know About Divorce...by Jacqui Forrest... our expert.
Divorce is a subject that everyone thinks they are an expert about. People all seem to know somebody who lost “their home, kids and business” in a messy divorce.
And the Madonna/Paul McCartney/Tom Cruise celebrity divorces in the tabloids bring us the "facts" about how the legal process works.
Which means we are all experts. Aren't we?
The truth is very different.
Because every separation is as unique in its circumstances as a fingerprint is to an individual.
And with terms such as "common law wife" bandied around, despite there being no such thing, you can soon see that you need to consult a solicitor about any divorce.
Here’s 3 reasons why we are your starting point for divorce advice.
- The law changes from time to time. Lawyers must keep up with the law. That’s our job.
- As solicitors we have to make sure that the advice we give is applied in the right way.
- There are so many common myths about divorce that you must consult a lawyer before you separate otherwise you won’t know what the outcome may be.
Solicitors in Bournemouth are happy to put the misconceptions right with our Top Ten Divorce Myths
These are questions that frequently get asked of our lawyers. So, read through these and make sure you haven’t been misinformed already. Remember, they are a guide only. When you really want advice please call us.
Because your circumstances are unique. And we will listen carefully to you before we give any advice. That way you know it's tailored to help you specifically.
Please call our Bournemouth Divorce Expert on 0844 874 5377
(Get your real expert guide on Children and Divorce by clicking here
And now for the Myth Busters...
The mother always gets the children to live with her?
Wrong. The court will simply determine what is best for the children.
Their main concern is the welfare of the children so they examine things such as their age and what they understand about the situation. In general, judges tend to decide that the younger a child the better off they are with the mother but with older children their views are given much more importance when deciding where they should live.
We are common law man and wife so we have the same rights as though we are married?
Wrong. Living together doesn’t give you the same rights as a married couple.
There’s no such thing. But you can get something called a Co-habitation Agreement to protect your rights. It may be that a court could award a share of the equity to an unmarried ex-partner, but more often they get nothing, despite co-habiting for decades and having raised children.
This area of law is complex. You must get early advice.
It costs on average £19,750 to get divorced.
Wrong. A straightforward divorce for the average family costs nowhere near this amount.
More complex cases where there are disagreements about the house, children, business ownership etc does mean costs go up. But it’s still a much lower sum than most people think. And many firms offer a fixed fee arrangement.
If things are straightforward you may be able to get a financial agreement and the divorce pronounced for £1997.
Can I Save Money By Not Involving Lawyers?
True. It’s true you could save money.
Getting legal advice early is better than trying to unravel everything later, when it could cost a lot more to fight over who gets what.
A Pension Won’t Be Part Of Any Financial Settlement When I Get Divorced.
Wrong. Pensions are often a major asset.
When a financial settlement is being drawn up then pensions of both husband and wife should be taken into account. There are many ways that pensions can be shared out and it’s important to get specialist legal and financial advice to make sure mistakes are not made.
When I Get Divorced Everything Will Be Sorted Out Including The House, Kids and Money?
Wrong. That’s not true.
The term “divorce” is the end of a marriage only in a legal sense. Sorting everything out might involve court proceedings. It depends on whether the parties can agree on things or not.
To ensure that any financial claims are legally binding there has to be a separate application to the court, which is not automatic.
You can get divorced and not do anything about the money or assets. But it’s 100% better to have everything sorted out at the same time. You will then be free of uncertainty. And you will be able to face the future with confidence.
All I Have To Do To Get A Quickie Divorce is Show Irreconcilable Differences.
Wrong. Unfortunately there is no such thing as “no-fault divorce” or quickie divorce.
There still needs to be adultery or unreasonable behaviour as a reason for a breakdown if you don’t want to wait for two years’ separation. After two years you can divorce with the other person’s consent.
If I get divorced, I will have to give my partner 50% of everything.
Wrong. There is no universal rule.
Remember everyone’s circumstances are unique. In general the longer the marriage the greater the entitlement to the other’s assets or debts.
Length of marriage, age, income, housing needs etc will be considered. If one partner earns a lot more than the other then a split other than 50:50 split might be fairer.
Do I Get Less If I’ve Looked After The Children and Not Contributed Financially?
No. Courts see the value of bringing up children. It’s treated as though it’s an important job. Therefore you won’t be entitled to any less.
Once We Have Agreed Everything It Is The End Of The Matter.
Wrong. There is no certainty without a court order.
Beware because you may not appreciate the disadvantages of the agreement and unless it is embodied in a court order it will not be cast in stone anyway.
Now that we've dispelled a few myths perhaps it's time to find out what we can do for you.
Please call our Bournemouth Divorce Expert on 0844 874 5377
for advice that is right for you.
Or email help@SolicitorsinBournemouth.com
My Top Advice on Divorce Issues.
1. Do take the opportunity to speak to someone like me for free.
2. Consider mediation to resolve relationship break up, keep situations as amicable as
3. Don‟t panic or make rash decisions without proper advice.
4. Don‟t use children as ammunition; they are equally affected by divorce.
5. Do take financial advice as soon as possible.
6. Don't use the first solicitor you see, you should feel comfortable with who suits you
best. I will always do my best for you.
7. Do keep structure to your life, routine is beneficial.
8. Don‟t ask friends to take sides. You will soon know who your true friends are.
9. Do take regular exercise and eat healthily.
Solomons Solicitors powers Solicitors in Bournemouth and is regulated by the Solicitors Regulation Authority No. 263260 Our Office address is 8 Seamoor Road, Bournemouth, Dorset, BH4 9AN
Email Divorce Solicitors Bournemouth