If youāre thinking about divorce, itās always a good idea to know what choices are available and what your rights are before proceeding.Ā The questions below aim to help with all of that and dispel some of the mythsĀ 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)Ā Ā Ā Have a cup of tea and chat
b)Ā Ā Ā Hire a mediator
c)Ā Ā Ā Let the judge decide in court
d)Ā Ā Ā All of the above
3. āNo faultā 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 ācommon lawā wife or husband separates from their partner, do they have the same rights as someone who is married?
a) Yes
b) No
5. True or false: An ex- spouse cannot make a claim in respect of assets that the other party accumulated before they got married.
a) True
b) False
6. True or false: Even though one partner doesnāt pay maintenance, they still have a right to see the children
a) True
b) False
7. When you are divorcing what documents are recommended to review immediately?
a) Will
b) Bank accounts
c) Deeds and titles
d) All of the above
8. Will each party get 50% of the assets when they divorce?
a) No
b) Yes
c) Regard is given to what is known as the āyardstick of equalityā, however there may be a departure from that for a number of reasons.
9. What is the average age bracket in the UKĀ for a man and woman to divorce?
a) Men 40 ā 44 and Women 40 – 44
b) Men 45 ā 49 Ā and Women 40 – 44
c) Men 40 ā 44 and Women 45 ā 49
d) Men 50 ā 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
Answers
1. (c)
2. (d) There are lots of ways that you can sort out your divorce and the related financial issues. It isnāt 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.Ā
3. (b)
4. (b) The ācommon law spouseā 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 ānon-matrimonialā assets may not be invaded but left with the spouse who had them prior to marriage.
6. (a)
7. (d) With complex family structures on the rise, particularly with the divorce rate increasing and more people having second families ā huge life changes are becoming ever more likely. As such itās 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.
9. (b)
10. (b)
IfĀ youāre thinking about divorce, B P Collinsā family team can help you. please contact us on 01753 889995 or email enquiries@bpcollins.co.uk.