If you’re thinking about divorce, it’s always a good idea to know what choices are available and what your rights are before proceeding. The questions below aim to help with all of that and dispel some of the myths surrounding divorce and separation.
1. How long do you have to be married before you can begin divorce proceedings?
a) You can begin anytime you wish
b) 6 months
c) 12 months
d) 2 years
2. What options are available to couples to reach a settlement on division of assets and child arrangements issues?
a) Have a cup of tea and chat
b) Hire a mediator
c) Let the judge decide in court
d) All of the above
3. ‘No fault’ divorce was introduced through the royal assent of the divorce, dissolution and separation act and is due to come into force in 2021. It states that the minimum amount of time from initial application to the granting of a divorce is?
a) 1 month
b) 6 months
c) 9 months
d) 1 year
4. If a ‘common law’ wife or husband separates from their partner, do they have the same rights as someone who is married?
5. True or false: An ex- spouse cannot make a claim in respect of assets that the other party accumulated before they got married.
6. True or false: Even though one partner doesn’t pay maintenance, they still have a right to see the children
7. When you are divorcing what documents are recommended to review immediately?
b) Bank accounts
c) Deeds and titles
d) All of the above
8. Will each party get 50% of the assets when they divorce?
c) Regard is given to what is known as the ‘yardstick of equality’, however there may be a departure from that for a number of reasons.
9. What is the average age bracket in the UK for a man and woman to divorce?
a) Men 40 – 44 and Women 40 – 44
b) Men 45 – 49 and Women 40 – 44
c) Men 40 – 44 and Women 45 – 49
d) Men 50 – 54 and Women 45 – 49
10. What is the average age for a same sex couple to divorce?
a) Men, 32 and Women, 28
b) Men 42 and Women, 38
c) Men 52 and Women, 48
d) Men 62 and Women, 58
2. (d) There are lots of ways that you can sort out your divorce and the related financial issues. It isn’t always necessary to go to court and there are other avenues, which should be considered before taking that step. It is prudent to have a lawyer who can advise on your rights.
4. (b) The “common law spouse” is a myth. If you are not married, you have no legal protection. If you and your partner intend to live together it would be advisable to have a Cohabitation Agreement which specifies what each, for instance, your specific rights are in relation to a property.
5. (b) If the assets exceed need, then ‘non-matrimonial’ assets may not be invaded but left with the spouse who had them prior to marriage.
7. (d) With complex family structures on the rise, particularly with the divorce rate increasing and more people having second families – huge life changes are becoming ever more likely. As such it’s always advisable to consider what you want to happen on death, how you want property to be held and whether to continue with joint bank accounts.
8. (c) The reasons or factors, and this is not an exhaustive list, can include income, earning capacity, standard of living before the breakdown of the marriage, duration of the marriage, and most importantly the needs of each spouse and their children.