Divorce Myths and Misconceptions

Sally Clark Blog

There are a number of misconceptions surrounding divorce. We have identified a number of common ‘divorce myths’ so read on to learn more.

Adultery following separation

If you enter into a new relationship whilst still married to your former spouse, you are technically committing adultery. However, it can be argued at this point, that the adultery is not the cause of the breakdown of your marriage. It is not possible to rely upon the fact of adultery if you have cohabited with your spouse for a period of 6 months since you became aware of the adultery having taken place. Read more about divorce and separation.

Common law Husband / Wife

Where couples have not married but have lived together for a number of years, it is a common belief that the law will treat them as husband and wife. This is not true and matters are dealt with very differently. We have lots of information and guidance on Unmarried Couples here.

Quickie divorces

This is another common divorce myth. There is no such thing as a quickie divorce, except possibly in very exceptional circumstances. The timescale for divorce, regardless of which ground is relied upon, is 6-9 months, if undefended.

Spouse will not sign the divorce papers

If you issue a divorce petition on the ground of two years separation then your spouse must give their consent and so they do need to sign the papers. However, if you are relying upon one of the other facts of divorce you do not need their consent. It is necessary to show that the other party has received the divorce petition. As long as you do this you can proceed with the divorce without your spouse’s signature.

My divorce has been finalised and so everything is over

It is often the case that a solicitor will advise not to obtain the Decree Absolute of divorce until financial issues are resolved, usually by way of a court order. If the court do not make a final order which dismisses any future financial claims then it is possible that an application may be made in the future for a financial provision order. Read our page on Finances for more information and guidance.

At Barnes Clark Family Law, our solicitors specialise only in dealing with family law legal issues arising from the breakdown of your relationship. We offer up-to-date legal expertise and a Divorce & Separation service you can both trust and rely on.

For further information, or to arrange an appointment please contact us on 01274 861096 (Liversedge) or 01423 637272 (Harrogate) or email enquiries@barnesclarkfamily.law. Please note that we offer a free half an hour consultation.