As leading Divorce Solicitors in Manchester, we understand that Divorces are difficult. If this has happened to you, you’re likely to feel very disappointed that things didn’t turn out the way you expected. The last thing you want is to take on the burden on a divorce with the numerous legislation to abide by but, alas, that’s the way it is.
To help you get through your divorce, we’ve pulled together a handy list of ten things you might not have known about getting a divorce. We hope that it might give you some peace of mind at this difficult time.
Divorce Solicitors Fact 1: You can’t ‘take someone for everything their worth’, even if they have cheated.
Lots of people believe that they’ll get a bigger settlement if their partner has cheated. They think it means that the house, the car, the dogs and the joint bank account have been immediately forfeited by the unfaithful party, but that just isn’t true. Courts are typically not interested in why your marriage is ending, they care instead about what resources you have available to you and how they can be divided fairly. It doesn’t matter who did what or who said what to who, if you’re going to allow a legal team to fight for assets, it’s highly unlikely that cheating will be taken into consideration.
Divorce Solicitors Fact 2: You will not be given sole custody of your children just because you’re a woman
If you have children, you’re likely very concerned about losing precious time with them, and you should be. It’s highly unlikely, unless there are extreme circumstances, that you will be given sole custody of your children. It doesn’t matter that you’re their mother because fathers, in theory, have equal rights to raise their children, so unless your partner is abusive or has another serious problem, it is highly likely that custody of your children will be split between the two of you.
You probably both lead extremely busy lives and you might find that it’s a better idea to communicate between the two of you to agree how you’ll share custody in a way that benefits you both.
Divorce Solicitors Fact 3: You can’t drain your joint bank account
If you have a joint bank account, you’re both legally allowed to withdraw from it and it is classed as equally yours, even if one person made more deposits than the other. As a co-owner, you have permission to withdraw money from the joint account, but if you try to do this and then file for divorce, there could be serious repercussions. Joint bank accounts are classed as a marital asset and should be split equally. If you clear the bank account out and then file for divorce, there is every chance you’ll be asked to pay your spouse his or her half of the money back.
Divorce Solicitors Fact 4: Quickie divorces are not real
It’s going to take you between four to six months to finalise your divorce. It might be longer if you must reach a complicated financial settlement. Once you file your initial petition, you’ll need to reach an agreement before you can be granted a decree absolute, and this could be months, or even years, after you first seek a divorce.
Divorce Solicitors Fact 5: It doesn’t have to be someone’s fault
These days, we accept that people are sometimes unhappy. Sometimes, marriages don’t work out. Sometimes, people want to get divorced. If you have been separated for two years or more and you have both agreed to the divorce, you don’t have to assign blame.
Divorce Solicitors Fact 6: If one of you objects, it can cause real problems
If one of you objects to your divorce and there is no real reason for it, it can cause major problems. Currently, the law states you must have been living apart from your partner for five years or more to request a divorce in which nobody is to blame if your spouse disagrees with it, so if you’ve fallen out of love with your partner but they refuse to accept it, you might have to wait half a decade to be legally divorced.
Divorce Solicitor Fact 7: If you’re the poorer person, you’re more likely to come off better
Unlike some other countries, courts in England do not discriminate between homemaker and breadwinner, so if one of you kept their career and became a millionaire and the other stayed at home with the children for the duration of your marriage, that doesn’t matter; an English judge will work hard to make sure that you come out of the marriage as equals. You might be worried about that if you’re the one with the money. That’s why legal advice is important.
Divorce Solicitor Fact 8: The courts can order your spouse to maintain you for life, but that doesn’t mean that they will
English courts are fair, and they have determined that asking one spouse to maintain another for life is sometimes not very fair at all. They’re increasingly placing time limits on maintenance after divorce because they expect the financially poorer spouse to go to work, even if that spouse forfeited their career to stay home and raise the children. Maintenance for life is sought after, and therefore difficult to attain. Don’t take for granted that you’ll be given it.
Divorce Solicitor Fact 9: You cannot separate assets you had before you were married unless there is a surplus
If you had a sofa before you were married and you put it in your house, you might want it back on the basis that it was yours before, but that’s not how it works. If you have two sofas, then that might be fine, but unless you have a surplus of assets or you stipulated in a prenuptial agreement that the sofa would remain yours, everything you own will need to be shared fairly if you divorce through the courts.
Divorce Solicitor Fact 10: There’s no point in trying to work out what might happen
You might be tempted to try and work out what the outcome of your divorce will be. Maybe that’s why you are here. But there really is no point. It is almost impossible to anticipate what a judge will decide, so the best you can do is to disclose everything you need to disclose, invest in some high-quality legal advice, and buckle in.
Best Divorce Solicitor in Manchester
Looking for the best Divorce Solicitor in Manchester? We’re a specialist Family Law Firm based in Old Trafford of Manchester and have over 10 years of experience dealing with family law matters including divorce.
For the best divorce legal proceedings advice, contact JMR solicitors on 0161 491 3933 or email email@example.com and we can discuss the best way to handle your divorce.