Highly experienced Family Law specialist Frances Nash has worked for Awdry Bailey & Douglas since 2007 and during that time she has heard so many myths about Family Law that she wanted to help to try and uncover some of these myths and misconceptions.
Myth 1: The Family Court favours children staying with their mums
When it comes to deciding what should happen with the children, there is no one better placed to make decisions than the parents. You do not have to go to court and if there is a disagreement, then you can often work through it together or resolve it by using a collaborative law approach or mediation.
However, if you do need to go to court, is the system biased in favour of mothers? My answer is – no, I don’t believe it is.
Legislation over recent years has changed and now includes a presumption that, provided it is safe to do so, it is better for a child to see the parent they don’t live with. Separation is a time of change for everyone and the court does like to keep things as stable for the children as possible.
If a father makes an application to see his child, then unless there is a child protection issue, an order will be made for him to see that child. The same applies in equal measure to mothers who do not live with the children.
There are significantly more shared care orders than ever before. More often than not, orders start with the presumption that care of children is shared between parents and, rather than dictating which parent has ‘care’, the court ends up defining the amount of time the children spend with each parent, including holiday periods and other special occasions.
Myth 2: Our Assets and Liabilities will be split 50/50 so that it’s fair
Many believe (or have been told by friends) that finances will be split equally. While this might be fair after a very long marriage, it is not going to be fair to sell a family home and divide the money equally when one spouse works part time and looks after young children.
If a judge is asked to decide the financial outcome of a divorce, then they will be trying to ensure that assets are distributed fairly but will primarily have regard to the needs of any children and the individual needs of both spouses. The assumption that ‘fair’ means ‘equal’ is for many, not the reality.
Going to court is not the only option. An experienced family lawyer can help guide you to reach a settlement that suits your needs without involving the court system. They can also work constructively, using processes like collaborative family law, mediation etc, to help you reach an early resolution.
Myth 3: It’s not possible to have a divorce without someone blaming the other
At the moment it is possible, but only if you have been separated for two years (and both agree to the divorce) or after five years (just one person wants to get divorced). If not, then yes, one person will have to blame the other (usually unreasonable behaviour or adultery).
However, the law is now set to change. On 6 April 2022, the new Dissolution and Separation Act 2020 will come into force which will end the need for blame. In short, the new legislation will introduce a no-fault divorce dissolution system which will reduce acrimony between parties and remove the ‘blame’. If they wish, couples will also be able to file a joint request for a divorce dissolution, making the process even less stressful.
It is a misconception by many that adding ‘blame’ to one party will impact upon a financial settlement, or even the arrangements for children. For the vast majority, the grounds on which a divorce or dissolution is obtained is irrelevant to the way in which assets are divided and children’s arrangements settled.
Myth 4: You can get divorced in 12 weeks
A very tempting marketing strapline but there is no such thing as a quickie divorce. Best case scenario, the courts will take around five months, although more likely six months, to complete a divorce.
However, where a financial settlement needs to be agreed or resolved, it is often prudent to delay finalising the divorce. We always advise clients to secure their financial settlement first, before the final Divorce Order is granted. This can mean that a ‘divorce’ in its entirety may take longer to achieve, but for very sound reasons.
For all of the facts and none of the fiction about divorce or any aspect of Family Law please click here to arrange your free initial consultation today with a member of our experienced Family Law team.