This article draws on a survey of people across England and Wales to uncover common misunderstandings about divorce. By comparing public views with how the law actually works, we reveal where perception clashes with reality.
Partner, Filomena Sterkaj shares her thoughts on the most common misunderstandings about divorce.
Separating fact from fiction in divorce can be challenging. Friends, family, Google and now even the AI chatbots all have opinions served up as the truth when the reality can be very different, especially where the law is concerned.
It’s no wonder myths about divorce are everywhere. To see just how widespread they are, we polled 300 people across England and Wales to find out what they really believe about divorce. And what is the reality behind the headlines?
The top eight misunderstandings about divorce
One: 92% of people believe you can get divorced if you’ve been married for less than a year.
This is actually false. Under English law, you must have been married for at least a year before filing for divorce. That doesn’t mean you cannot separate, but you can’t legally end your marriage.
Two: 78% of people think that mums always get priority for child custody
Many people still think that if parents split up, mums always get custody. This is not so. The family courts focus on the child’s welfare, not gender, in any decisions regarding child arrangements. Fathers have equal rights and shared care is increasingly common.
Three: 74% of people think that a quickie divorce is possible
Despite the headlines of the celebrity quickie divorce, the reality is that there is no fast track, however famous you are. Even in the most straightforward, non-conflict divorces, you can expect at least six months covering the paperwork and mandatory waiting periods.
Four: 68% of people believe you get more money if your ex behaved badly
A common myth, but divorce does not care if your ex had an affair. The truth is that while it’s technically possible, it’s very rare and only applies to the most extreme of cases where there is evidence of clear, reckless financial harm. The process is designed to keep the focus on meeting people’s needs and splitting assets fairly, not settling old scores.
Five: 30% of people think that men are more likely to lose out in divorce compared to women
This myth refuses to go away. It’s easy to see why: media headlines often highlight high-profile cases where husbands appear to pay large settlements, but these are very rare. In practice, settlements are designed to be fair and balanced. The law’s priority is the same: a just outcome that meets the family’s needs, not a win or loss based on gender.
Six: 28% of people believe everything in a divorce is split 50/50
The reality is, it’s not that simple. Think of 50/50 as a line in the sand as courts consider income, needs, length of marriage, any children and more when considering financial settlements. Sometimes that ends up as a 50/50 split, but not always.
Seven: 12% of people think divorce always ends in a court battle
Thankfully, this myth is not widespread, as most people are correct. The majority of divorces never require a courtroom appearance. Negotiation via lawyers, mediation and collaborative law are just some of the tools available to keep most couples out of the courtroom.
Eight: 1.5% of people believe that AI can handle their divorce
While they soar in popularity, the myth that ChatGPT can handle your divorce is thankfully debunked by most people. It may give you a rough idea about the process, but it is not a replacement for a family lawyer. It is very unwise to leave your future financial security, home, children and pension in the hands of a chatbot. Divorce needs real human expertise.
As our research highlights, divorce myths can be persistent. But nothing matches expert legal advice. A qualified family lawyer will help you cut through the noise and chatter, and protect what matters most: your family, your finances and your future. Don’t leave things to chance. When something is as important as this, work from facts, not myths.
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