15 Biggest Myths About Divorce in England, Busted
Posted on 10th March 2025
Divorce is tough. It’s an emotional rollercoaster, and the sheer volume of advice—both good and bad—can be overwhelming. It’s no wonder myths about divorce are everywhere. Misinformation can make a difficult time even harder, leaving you confused and, worse, at risk of making costly mistakes.
In this blog, we’re busting 15 of the biggest myths about divorce in England to help you feel more confident and informed as you navigate the process. From children and finances to the legal nitty-gritty, we’ve got you covered.
And if you want to dive deeper, join our supportive membership for expert guidance every step of the way.
Myth 1: “Divorce is always a battle.”
Busted: Not necessarily! While some divorces are contentious, many couples reach amicable agreements through negotiation or mediation. A less combative approach can save you money, time, and stress.
Myth 2: “Mothers always get custody of the children.”
Busted: The courts prioritise the child's best interests, not the parents’ gender. Sharing the day to day responsiblity for the children is increasingly common, and fathers have strong rights when it comes to spending time with their children.
Myth 3: “You need your spouse’s permission to get a divorce.”
Busted: With the introduction of no-fault divorce, you don’t need your spouse's consent. You can apply on your own without placing blame, making the process smoother.
Myth 4: “Everything will be split 50/50.”
Busted: While an equal split is a starting point, the final decision depends on various factors, including each party’s needs, income, and contributions. Sometimes, a fair split isn’t an equal one.
Myth 5: “The family home always goes to the mother.”
Busted: The court’s main concern is ensuring children have a stable home, but that doesn’t automatically mean awarding the house to the mother. Financial resources, mortgage capacity, and other assets all play a part.
Myth 6: “Common-law spouses have the same rights as married couples.”
Busted: This is one of the most dangerous myths. In England, there’s no such thing as a common-law marriage. Unmarried partners don’t have automatic rights to each other’s assets or financial support.
Myth 7: “If I move out, I lose rights to the house.”
Busted: Leaving the home doesn’t mean giving up your share, but it can make it harder to move back in if you find yourself needing to. It’s often a tactical move to reduce tension, but it’s wise to get legal advice first to protect your interests.
Myth 8: “I can hide assets to avoid sharing them.”
Busted: Attempting to conceal assets can backfire spectacularly. Courts take a dim view of dishonesty and can order you to pay more or cover your ex’s legal costs if you're caught.
Myth 9: “Pre-nups aren’t worth the paper they’re written on.”
Busted: While not automatically binding, pre-nuptial agreements are taken seriously by courts, especially if they’re fair, properly drafted and both parties received independent legal advice. A well-drafted pre-nup can significantly influence financial settlements.
Myth 10: “We’ve agreed, so we don’t need a financial order.”
Busted: Without a legally binding financial order, your ex could make a financial claim years later. It’s vital to get a court-approved order, even if you agree on everything.
Myth 11: “If we have joint custody, no child maintenance is needed.”
Busted: Even with a joint lives with order (the modern name for joint custody), the parent with higher income may still need to pay child maintenance to ensure both households can support the child adequately. There are some complex rules surrounding child maintenance calculations so it is always worth speaking with the child maintenance service if you are in doubt.
Myth 12: “Divorce ends all financial ties.”
Busted: It definitely doesn't! Divorce ends the marriage but not financial obligations. A clean break order is essential to prevent future financial claims.
Myth 13: “It’s cheaper to go without legal advice.”
Busted: Skipping legal advice can lead to costly mistakes. Spending a bit upfront can save you a fortune and prevent stress down the line. This is where Divorce Without Lawyers comes in - we help you to understand what you can do for yourself, saving you thousands of pounds along the way, and when it is better to seek help from the professionals.
Myth 14: “Courts are biased against men.”
Busted: This is simply not true. Courts are focused on fairness and what’s best for the children, not outdated stereotypes. Preparation and the right advice are key.
Myth 15: “I can sort this all out online.”
Busted: Online services can help with paperwork, but they there may be times when one to one legal advice is needed—especially if your situation is complex or contentious.
For more help...
Divorce is a major life change, but with the right information and support, it doesn’t have to be a nightmare. Knowing the facts helps you make better decisions for yourself and your family.For more help with divorce proceedings without lawyers, visit our Facebook group and take control of your case today.
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