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Debunked: The All Too Common Myths Relating to Divorce and Separation

Divorce and separation can be a tough time for all involved. Being misinformed about the process does nothing but add to your worries.

Read on to discover the facts…

Myth #1: Divorce and Separation are the Same Thing

It’s an easy mistake to think that the two are the same, but in fact, these are very different processes.

A divorce is the formal legal process of dissolving your marriage and it requires the court system. Separation, on the other hand, is an informal legal process.

Myth #2: Divorce is Always a Costly Process

It’s true that legal fees can accumulate very quickly, especially if the proceedings go to court. However, if both spouses work productively towards an end goal (like most divorcing couples do), expenses can be kept to a minimum.

Solicitors can also offer a fixed value fee, which is great if the two parties are having trouble coming to an arrangement.

Myth #3: The Court Makes All the Decisions

Court is only necessary if the other person objects to the divorce or its terms. If that happens, there will be a hearing to prove that the marriage has broken down beyond repair.

This doesn’t happen all too often. Couples usually end up in court to dispute financial agreements.

As far as child custody goes, again the courts won’t get involved if the parents can agree on a joint decision.

Myth #4: Children Always End Up Staying with the Mother

Many years ago this would have been the case. Today, there are some cases where the children end up staying with one parent following a breakdown in the parents’ marriage, but it is far more common for both parents to have joint custody of the children.

There are no standard custody arrangements when it comes to divorce.

Myth #5: The Parent with Primary Custody Has More Rights

If both parents have parental responsibility, they both have a say in the important decisions of the child’s life such as education, religion and medical treatment.

Mothers automatically have parental rights. There are a few ways a father will automatically have parental rights too, including if he is named on the child’s birth certificate (as of January 12, 2003),[1] or if he was married to the mother at the time of the birth.

Either case, the child could end up living with one parent or they would both still have parental responsibility.

Myth #6: One Person Always Walks Away with More Money

Assets and money are split 50/50 between each spouse. The court then takes into consideration many factors including income, earning capabilities and properties each spouse has (or is likely to have in the future).

Other considerations, (such as if one person will be making major contributions into the family home or the children), are also taken into account. A 50/50 split is still possible and quite common.

If you’d like to debunk a few more legal myths, contact Carpenter Law for the best in legal advice.

 

 

[1] 10 Common Myths About Separation and Divorce. Morrisons Solicitors. Feb 26, 2016. Available online: https://www.morrlaw.com/10-common-myths-about-separation-and-divorce/