This blog was originally posted here: helenpidgeonsolicitors.com/5-common-divorce-process-myths
Five Common Myths about making claims against your partner or spouse (vice versa) in the event of a separation.
- Advice from friends and family
Each case is different. Advice from family and friends who have gone through the process may not necessarily be relevant to your case.
- Common Law Marriage
This does not exist. Cohabitees do not have the same significant legal protection as a married couple. For example, a cohabitee cannot claim maintenance for themselves or an interest in their partner’s pension.
- Financial claims for children
Even if you are not married, you can still potentially make a financial claim for maintenance and housing for any of the children you may have with your partner.
- It is not automatically a 50/50 division of the assets in financial cases
An equal division of the assets is s starting point. The court will consider other factors such as (and not limited to); whether there are any dependent children, the parties’ respective housing needs, the length of the marriage and the parties’ respective financial contributions to the marriage. Then the court will see if an equal division of the assets is fair or appropriate.
- Arrangements for childrenCustody of your children does not exist. Instead your children will live with one of you, or you will share care and the children will spend time with the other parent when they are not with you. The court will only make an order for the care arrangements of your children if you (or the main carer) cannot agree it between yourselves or, the local authority is asking either one of you to obtain an order because it is concerned about the children’s welfare.