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7 Common Divorce Myths busted by divorce lawyer Glasgow

February 14, 2020 Family Law

Divorce lawyer Glasgow

Common Divorce misconceptions busted by divorce lawyer Glasgow

February 14, 2020  Family Law

Separating Fact from Fiction: 7 Common Divorce Myths Explained by Glasgow law practice

February 14, 2020  Family Law

When a couple decide to begin the divorce process, there are there are various issues that need to be resolved. Unfortunately people are often overwhelmed as this an extremely challenging and emotional time. People over become overwhelmed due to the the amount of information provided to them usually by family members, friends, work colleagues or from information they have found on the internet. When separating from your partner, whether you are married or otherwise, there are a number of matters which require attention. The most pressing of these are the arrangements for children and financial matters. There are many misconceptions held by people around the whole separation and divorce process.

Our expert team of family law solicitors are dedicated to providing clarity and guidance, addressing any misconceptions you might have. We are committed to assisting you in resolving family matters with both effectiveness and efficiency, ultimately supporting you as you navigate the path forward and embark on the next chapter of your journey.

Below you will see some of the most common misconceptions we tend to encounter regarding divorce at our Glasgow based law firm. In our upcoming discussion, we’ll debunk these myths, allowing you to make informed decisions during your separation and divorce journey. We will provide you with expert advice and support throughout this challenging and emotional time.

What this article covers:

Navigating the most common misconceptions

Cohabitants rights

Child arrangements

Our family law team

Jones Whyte Family Law services

Navigating the most common misconceptions

This is a commonly held belief amongst those who are separating. Whilst there is a procedure known as simplified divorce (or dissolution of a civil partnership) there are strict criteria to be applied for this to be utilised by parties. Simplified procedure can be used when there are no children of the marriage or civil partnership under the age of 16 and all financial matters have been resolved.

Parties must also have been separated for at least one year (with the consent of the other party) or two years (where consent of the other party to the divorce is not required) While the actual procedure for divorce can be dealt with fairly quickly once the criteria is fulfilled, this timescale is very much dependent on business at the court, the solicitor and the parties involved in the case.

Cohabitants Rights

There is no such thing as a common law wife or husband in scots law. In 2006, new legislation was brought into force regarding cohabitants. The law relating to cohabitants is very different to the law relating to married couples.

It is essential to bear in mind that cohabitants, despite common misconceptions, do not possess the same legal rights upon separation, a fact that may be contrary to what many individuals believe or assume about the legal standing of unmarried couples living together.

It is extremely important that couples take advice when considering cohabiting with one another or indeed choosing to get married as both sets of circumstances have implications for their legal rights and whether to cohabit or enter into marriage. The rights which cohabitants have are significantly less than those who are married and when cohabiting couples separate there are strict time limits regarding when a claim can be raised.

Whilst it is true that married couples are entitled to a fair share of the matrimonial “pot” (the assets and liabilities accrued during the period of marriage) and the starting point is a 50/50 split, this does not mean that everything parties have accrued must be split. Parties can effect a fair share of the matrimonial pot in whichever way is best for them.

For example one party may wish to remain in the matrimonial home, and buy out the other spouse ; or perhaps one party is due a sum from the other but they do not have access to a capital sum at the point of resolving matters but have a pension- they could resolve this by way of a pension share.

This is a commonly held belief by many people, as is the belief that debts held in the others person name are nothing to do with them. Anything which is accrued, asset or debts, during the period of marriage (date of marriage to date of separation) is considered to be joint regardless of whether it is in joint or single names.

Accordingly, even if the matrimonial property is only in one person’s name, the other would still have a claim over this, as with pensions, savings, etc. The same applies to debts held by either party. However, there are some exceptions to this including inheritance.

Child Arrangements

There is no prescriptive “rule” as to how child arrangements should be made when parties separate. Relevant legislation and decisions from the courts tell us that any decision should be in the best interests of the children. Often this will also need to take into account the parents respective schedules as to what can operate on a practical basis.

However, it is an entirely subjective matter and will be dependent on each individual parties’ circumstances and the children themselves. There has been a shift change in the last decade with real progression towards shared care starting to become common amongst separating couples.

This does require a high level of communication and ability to put any differences to the side. Parties can often find family mediation a useful tool to allow them to get to the arrangements they seek with their ex-partner.

The majority of cases where parties are separating resolve without the need of a court order. Whilst ultimately parties do require to apply to the court to grant divorce, the process prior to that where finances and matters relating to children are resolved normally happens out with the court process by way of a document called a minute of agreement Parties can use different methods to achieve the best outcome.

Negotiation can  take place between parties and their solicitors, parties can go to family mediation to assist in coming to agreement’ the collaborative process whereby parties agree along with their solicitors who come to agreement by way of meetings and by using a financial adviser known as a financial neutral and relationship counsellors; arbitration.

Some cases will be agreed on the finances but require court process for issues relating to children or vice versa. If the matter cannot be resolved by the processes outlined above, then court action may be required but it is important to remember these are the minority of cases.

Sometimes this will be true, but ultimately most parties agree and can resolve their financial aspects and their child arrangements on a fairly cost limited basis if they co-operate with one another, provide instruction clearly and timeously to their solicitor (or to their spouses solicitor if they are representing themselves) and are committed to resolving matters in a straight forward manner,

Our expert family law team are here to support you

The most important thing to remember is you are not alone in your situation. At Jones Whyte, we are committed to our clients and will help guide you through the entire process offering expert legal advice which will help you resolve matters.

We will understand how challenging family law matters can be, out expert family lawyer can help achieve the best outcome for you and your family whilst supporting you through this challenging time.

Our experienced and empathetic team of divorce lawyers prioritise client care, and offer your family an excellent service. We offer a range of competitive rates to suit your individual circumstances.

Family Law Services

At Jones Whyte, our family law and divorce law solicitors offer advice to clients all over Scotland. While Jones Whyte family law solicitors are based in Glasgow, our team can help you wherever you are in the country.

We believe a collaborative approach is often best in family law matters. This aims to reach an agreement that benefits all parties. However, if this is not possible and court action is necessary, you will find that our team of specialist family lawyers are tough and experienced litigators.

Contact our team of Family Law solicitors today, to confidentially discuss your divorce law matters with an expert Glasgow based family lawyer.

At Jones Whyte LLP we are fully aware that everybody’s circumstances are unique to them and we pride ourselves in the manner in which we guide individuals through separation.

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Glasgow lawyers debunk myths surrounding divorce, allowing you to make informed decisions during your separation and divorce journey.

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