During September we have shared some common family law myths, including-                                                                                                                                                                                                                                                                                                          

Myth #1 Common Law Marriage. People often believe that by cohabiting (or having children together) for a certain number of years, they gain the same legal rights and status and married couple. This is not correct and those rights can only be gained by marriage.

Myth #2 Assets are shared 50/50 .  Although the starting point may be looking at sharing matrimonial assets 50/50 that is not always possible in certain circumstances. Both parties needs have to be taken into account and that may lead to assets being shared in a different way.

Myth #3 Mothers always have more rights.  Parents have equal rights. Rights are determined from Parental Responsibility and neither parent has more of this than the other. If a court are asked to decide to adjudicate between parents, the child's welfare is the main consideration.

Myth #4 Having an affair alters how assets are shared.  If your husband or wife has committed adultery it doesn't mean you are entitled to more of the family assets. There still needs to be careful consideration of everyone's needs and how to share the assets to meet those needs.

Myth #5 You have to go to court when you get divorced. This is incorrect. The divorce process itself does not normally require any court attendance and dan all be done online/paper. Arrangements for children and financial division can also be resolved by agreement, meaning you do not need to go to court.

Myth #6 Pre-Marital Agreements are legally binding.  A pre-marital agreement can be a very helpful document to have if you get divorced. If you had to go to court the Judge isn't bound by the terms but they will take them into account when considering the fairness and appropriateness of what a final financial order should be.

Myth #7 Divorce resolves financial claims. Often people misunderstand that once they are divorced this resolves all financial issues as well. This is incorrect as unless a financial order is made, the claims for income, capital and pension can still be made even after the legal divorce process has finished. Sometimes just a simple order is needed called a clean break, to end the ability to make future claims.

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If you would like to know more about how mediation can help dispel these kind of myths or assist in resolving disputes, send us an email hello@familymandm.co.uk or call us on 0800 206 2258.