9 Myth Busters!

Did you know that:

1. In most cases, before you can make an application for a financial order in
divorce proceedings or an application concerning children, the Applicant
must attend a Mediation Information & Assessment Meeting (MIAM). Only
specially trained people can carry out MIAMs and usually they are
accredited Mediators.

2. You must be married for at least one year before you can apply for a
divorce.

3. There is no time limit for making a financial claim for a divorce settlement
against your spouse/former spouse. Providing the Applicant has not
remarried (or died) when the application is made, the Applicant is free to
make an application at any time, even 20 or 30+ years after divorce.
However, delay may well adversely affect the amount of the award.

4. Inheritances are only taken into account in a divorce settlement if they

have already been received or are likely to be received imminently. It has
to crystallize in the foreseeable future otherwise there is no guarantee that
it may ever arise. How the inheritance will be treated in financial
proceedings arising on divorce will depend on a number of factors.

5. Where there are insufficient funds to meet the parties needs in financial
proceedings arising on divorce, the parties needs will take priority over all
other arguments.

6. There is no such thing as common law husband and wife. Cohabitees do

not have the same legal rights as spouses and civil partners and do not
acquire legal rights simply by living together.

7. Whilst a gay couple can acquire the same legal rights as a married couple
by entering into a Civil Partnership, a heterosexual couple cannot. To
acquire legal rights, a heterosexual couple have no choice but to marry.

8. A cohabitee cannot make a claim against their partners income or

pension(s). They may also be adversely affected if their partner dies
without making proper provision for him/her in a Will.

9. When the Court considers making a
point is 50:50. The Court takes
contributions are equivalent to
contributions. However, the equal
depending on the facts.
financial order on divorce, the starting
the view that one spouses financial
the other spouses non financial
starting point can be departed from,