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  • Top 10 Divorce Myths

    1. Quickie Divorce

    A favourite phrase in the newspapers whenever celebrities get divorced. No such thing. All divorces take a minimum of 4 months. 

    2. Common Law Husband or Wife

    You are either married or you are not. Unmarried couples who separate are dealt with in a very different way to married couples who divorce. 

    3. Irreconcilable differences

    Although a possible ground for divorce in the USA, it is not the case here in England and Wales. Here, you have to show that your marriage has irretrievably broken down as a result of adultery or unreasonable behaviour or that you have been separated for either 2 years (with your spouse’s consent) or 5 years (no consent required). 

    4. We are separated so it isn’t adultery

    If you are still married and have sex with a person of the opposite sex it is adultery whether you are separated or not. 

    5. Divorce just happens after separation for 2 years or 5 years

    Nothing magical happens after 2 or 5 years. The divorce process, paperwork and cost are the same as if you divorce on any other basis. 

    6. I cannot get a divorce as my spouse won’t agree

    It is extremely rare for a divorce to be successfully defended. Consent is required for separation for 2 years and adultery has to be admitted, but no consent is required for unreasonable behaviour or separation for 5 years. 

    7. I committed adultery so will get less from the pot

    The Court is not generally interested in who was at fault in the relationship when dealing with a financial settlement. 

    8. You have to go to Court when divorcing

    Dealing with the divorce itself is a paper exercise and there is no need to attend Court in the majority of cases. It is also possible and advisable to deal with matters involving children and finances without attending Court. 

    9. You can divorce straight after the wedding

    You must wait one year from the date of the wedding to apply for a divorce. 

    10. We were married in another country so cannot divorce here

    If you have a valid original marriage certificate you can divorce here. If the certificate is in another language, you must have it translated into English.

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