MYTH: Now that I am divorced, my ex-spouse can’t make financial claims against me
Truth: Unless you have a court order, sealed by the court, preventing any future financial claims (also known as a financial ‘clean break’), then either spouse can still make future financial claims against the other, even years after divorce. Having your Decree Absolute or Final Order of Divorce on its own does not end potential financial claims.
MYTH: Divorce always leads to a court battle
Truth: Whilst we would always recommend obtaining a court order dealing with the matrimonial finances, this does not mean that you have to go through court proceedings or ‘fight’ in court. The majority of divorces are resolved by agreement either between the separating couple, or with the assistance of a mediator or solicitors, with no need to step foot into a courtroom.
MYTH: I don’t have any right to property owned in my spouse’s sole name
Truth: Just because something is owned in yours or your spouse’s sole name, does not mean that it will not be considered matrimonial property. If you are concerned that your spouse may refuse to provide you with any financial support because everything is in their sole name, it is particularly important to seek early legal advice.
MYTH: It is impossible to remain amicable during a divorce, especially if we involve solicitors
Truth: Despite a perception that solicitors may try to influence clients into ‘battling it out’ in court, most solicitors actually want to support you in resolving matters as amicably as possible. At Ellisons, all of our family lawyers are members of Resolution, and we have members of the team that are trained in collaborative law and Resolution Together.
MYTH: ‘Common law’ spouses have the same rights as married couples
In England and Wales, ‘common law’ marriage is still a myth. Even if a couple has lived together for many years, they do not have the same legal rights or protections as a married couple. Upon separation, cohabiting couples are offered little protection when it comes to dividing property and finances. We would recommend seeking legal advice prior to moving in with a partner or purchasing a property together as to your rights and obligations as a cohabitant.
To arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We offer a free exploratory call so that we can match your specific needs with the right person in our family team.
