Common Misconceptions about Divorce

At Taylor Bracewell, we understand that going through a divorce can be an overwhelming and stressful experience for everyone involved. It is a time filled with uncertainty, emotions, and complex legal processes. We recognise that amongst the challenges, many people have common misconceptions about divorce that can further complicate matters, that’s why we are here to help. 

Our family team of experts will guide you through 5 common misconceptions about divorce, debunking the myths, and providing the support you need to navigate the divorce process with clarity and peace of mind.

Here are the 5 most common misconceptions about divorce:

If my ex-partner does not pay child maintenance, I can stop them from seeing the children?

Our team understand that it’s a natural reaction to stop your ex-partner from having contact with your child if they stop paying child support. However, these are completely separate issues. If there are problems in receiving child maintenance, the Child Maintenance Service can assist but this should not impact the time the children spend with their parents. 

The Child Maintenance Service can support you in various ways. This includes potentially securing payment using a range of powers including deductions from their wages or pension, instructing the bank to set up regular payments or a lump sum payment and taking the paying parent to court to recover any arrears. 

Does getting divorced mean financial matters are resolved?

Despite the divorce process being in-depth, unfortunately, this does not mean financial matters are automatically resolved following the separation. Unless financial matters are dealt with separately and there is a consent order or order of the court, detailing a financial settlement, either party can make future claims, potentially until death. 

Due to this, this is why we always advise those who are looking to get a divorce to seek legal guidance from a qualified divorce solicitor. They can advise you on your personal circumstances and can help you consider aspects you never considered before, such as financial matters. 

Does having a divorce mean we will have to go to court?

In normal circumstances, you will not have to present to a court for you and your partner to have a divorce. Despite its rarity, you may still have to present to a court in relation to financial matters and child arrangements, if an agreement cannot be agreed upon. 

In April 2022, the new No-Fault divorce procedure was introduced which means that fault no longer had to be made as a result of the relationship breakdown. This means the likeliness of attending court is even slimmer. 

If I don’t cooperate with the divorce, will it go through?

There are numerous instances where one person presenting difficult behaviour can cause complications throughout the divorce process. Minimising this by following the correct process is essential to protecting yourself legally. 

Firstly, personally present your partner with a divorce application this reduces the risk of your partner declining to receive the papers. If you are in a domestic abuse or sexual violence situation, we would recommend getting a qualified divorce solicitor to complete this step. 

If your partner is still refusing to co-operate in the divorce filing process, then unfortunately you will be required to contact a qualified divorce solicitor. They will advise you on the next steps or apply for a Court Order that will ensure that your partner legally has to cooperate in the signing of the papers. 

Will my divorce be quicker if I pay more?

No matter what you pay, the divorce procedure is still the same for everyone. It is not possible to bypass the usual timescales (unless in exceptional circumstances). The current timescale for obtaining the Final Order (confirmation of the divorce) is at least 26 weeks. 

How can Taylor Bracewell’s family team help?

We understand how emotional and complex the divorce process can be, and having the support and guidance of experienced professionals can make all the difference. At Taylor Bracewell, our team of expert divorce solicitors in Sheffield and Doncaster are here to help you navigate this challenging journey with clarity and peace of mind.

We understand that each divorce case is unique, and we approach each situation with sensitivity and professionalism. Our goal is to ensure that your rights are protected, your interests are represented, and the best possible outcome is achieved for you and your family.

Don’t let misconceptions and uncertainties cloud your judgment during this challenging time. Take control of your future and reach out to our expert team of divorce solicitors today, our family team can be reached by calling 01302 341 414 or 0114 272 1884, or by filling out our online enquiry form. 

Remember, you don’t have to face this journey alone. With Taylor Bracewell by your side, you can find the clarity, peace of mind, and the legal support you deserve. Let us help you navigate the path to a brighter future.