Divorce 'Urban Myths' Busted

As we have cautioned previously, you need to be careful not to be misled by urban myths that frequently circulate online. To help you, we call out and bust four urban myths concerning divorce law.

Myth: If you live together for two years you acquire the same rights as you would if you were married.

Busted! This is totally wrong. In this country at the present time, you are either married or you are not. There are no laws for the ‘nearly marrieds’. You can live with somebody for twenty years but unless you get married, you will never acquire the same rights as a married person would do. Indeed, there are very few rights if you are co-habiting without the legality of entering into a marriage or a civil partnership.

Myth: If you get divorced, proceeding on the basis of two years separation by consent is cheaper than any other ground for divorce.

Busted! The cost of issuing a Divorce Petition on the basis of two years separation by consent costs exactly the same as if a Petition was being issued based on an adultery allegation. If a couple decide to proceed on the basis of two years separation by consent, in reality, it may cost more to divorce in the future. Unless finances are resolved at the time of separation, there may be further arguments if there is a delay between separation and dealing with financial issues as the parties’ circumstances may have changed.

Myth: Move out of the matrimonial home and you lose your right in respect of the house.

Busted! If the matrimonial home is jointly owned, you retain rights over the property irrespective of whether or not you reside in it. As a joint legal owner, the property cannot be disposed of without your knowledge or consent or without a Court Order.

If the property is held in the sole name of your spouse, it is true to say that by moving out you may lose your right of occupation of the property. However, you do not lose the right to claim against the property as part of an overall financial settlement. Just because the property is owned in the sole name of one spouse does not mean that the other spouse cannot claim against it. Whilst there may be some tactical reasons as to why a party should remain residing in the property, by moving out you do not lose the right to claim against the matrimonial home.

Myth: My new relationship did not start until after separation and therefore my spouse cannot allege adultery.

Busted! If either of the parties to a marriage start a new sexual relationship, post separation, but prior to divorce, then that relationship can be used within divorce proceedings as evidence of adultery.  If the relationship is sexual it can be classed as an adulterous relationship because the parties remain married.  It does not matter whether or not the parties have been separated for five hours, five weeks or five months!

Hopefully we have made the point that the best course of action is to seek professional advice early on from the ‘myth busters’ at Harrowells!