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Divorce True or False?

Published on Aug 8, 2019

There are many myths in family law.  There is always the friend of a friend that something happened to.  But what is the reality?  Our head of matrimonial, Nicola Gibbs, answers some of the common myths about divorce. 

Once I am divorced we don’t have any financial links…

False

Decree Absolute simply dissolves your marriage it does not deal with any financial claims that either of you may have.  You must have a court order recording your financial settlement (consent order) approved by the court for claims to be dismissed for the future.

We can divorce on the basis of irreconcilable differences…

False

In England and Wales, you can only base a divorce on one of the following:-
•    Unreasonable behaviour
•    Adultery
•    2 years separation (with consent)
•    5 years separation (without consent)
•    Desertion

If I wait two years a divorce just goes through the court…

False 

It is correct that a divorce, on the basis of two years separation, is generally less contentious, but the divorce process is exactly the same whatever basis is used. 

I need evidence of the statements I make in a divorce petition…

True and False

In most situations, you don’t need to have evidence of the unreasonable behaviour or adultery. However, if the divorce is contested (which can happen, but is very unusual), then sometimes evidence is needed.  It is important though that anything contained in the petition is true and correct as it is a court document. 

The court won’t just rubber stamp any financial agreement we reach…

False

The court will consider any financial agreement reached and will only approve it if the court considers it is a fair and reasonable settlement.  The court will not simply approve a deal because you have reached it together. 

These are just a few questions we are frequently asked.  If you have your own questions and need advice, we offer a free, no obligation, initial appointment.  Please contact Nicola Gibbs or Margaret Sculpher for more details. 

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