Our Top 3 Family Law Myths

#1 – The Quickie Divorce

Thanks to the sensational reporting of high profile divorce cases in which it is often claimed that Mr Celebrity was divorced from Mrs Celebrity in just 105 seconds, members of our family team are often quizzed as to why they have to wait 3 to 4 months for the same outcome.   The reality is that it is impossible for anyone to be divorced in the lightening speed with which the press would have us all believe.  The procedure is entirely standardised for every Petition which in the first instance is sent to the other spouse for them to acknowledge by returning a signed form to the Court.  Even if this goes smoothly (which sometimes it doesn’t if the other spouse either refuses to cooperate or cannot be located) the petitioning spouse is then required to make a formal application for the Decree Nisi which is the provisional Order from the court that the marriage will be dissolved.  There is then the obligatory ‘cooling off period’ of 6 weeks and a day after the Decree Nisi is pronounced before the Decree Absolute can be applied for.  The smooth progression of the divorce from start to finish is also sometimes hindered by ongoing negotiations or court proceedings to settle the matrimonial finances.  So all in all, whilst we endeavour to provide a swift and efficient service which aims to turn work around in 24 hours, it would be a small miracle for clients to achieve a ‘quickie divorce’!

#2 – “I am a common law wife/husband”

Common Law Marriage

As every Lawyer will tell you, their heart sinks when they are faced with a distraught client who is unmarried but yet refers to themselves as a common law wife or common law husband, inferring that they have somehow accrued some entitlement through being in a lengthy cohabiting relationship. The fact of the matter however is that the existence of the common law marriage is a complete myth which is resulting in many unmarried and cohabiting couples making financial decisions which are not necessarily in their interests.

Although cohabitation rather than marriage is an ever popular choice for many families in the UK, the protection for such couples should they separate is woefully inadequate and many couples are not aware that they have no automatic claim on their partner’s assets and income. There is no coherent legal framework which cohabiting couples can turn to for direction or guidance should they separate.  One way to mitigate potential problems arising in dealing with Law and finances is for couples to seek advice about entering into a Cohabitation Agreement prior to living together. This can provide some structure to how a couple manage their finances when they live together and how they would intend to deal with assets should they separate.

#3 – Court is my only option

Despite the relatively high profile of family mediation in mainstream press our team of Lawyers still report that many of our clients are not initially aware of the alternatives to court and assume that this is the only possible route to settling their case.  Although for many couples this is sadly the case, for the majority of our clients there are other options available such as Mediation or Collaborative Law.

Mediation involves a couple meeting with a qualified neutral mediator to discuss amicably their options for resolving all matters which have arisen as a result of their separation.  The benefit is that this is often a quicker, cheaper and less stressful approach which encourages amicable and positive communication.  In most cases mediation has to be attempted before a case can progress to court.  Another alternative is Collaborative Law.  Like mediation, this option requires open, honest and amicable discussions but rather than utilising a mediator, involves the couple attending meetings with their respective Collaborative Lawyers.

To find out more about any Law issues please contact a member of our team on 0800 387 747.