Some Common Myths and Misconceptions
Frequently Asked Questions

My friend and his wife did a DIY divorce on the internet and it cost them next to nothing. Why do I need a Solicitor to do mine?
A divorce ends the marriage. It doesn't deal with the financial ties between the parties. Leaving those ties in place after a DIY divorce is storing up problems for the future. Your friend may be saving money today, but may not in the long term.
Divorce after two years' separation is automatic - why do I need to have a Solicitor to sort things out? Won't it just come through the post?
The procedure to obtain a divorce on two years' separation is exactly the same as the procedure for obtaining a divorce for adultery, unreasonable behaviour or desertion. It is not automatic and divorce on the basis of two years separation, requires consent from the other party and can be problematic. It is best to ask a Solicitor's advice before deciding to proceed with a divorce based on 2 years' separation which may not be suitable for your circumstances.
I have lived with my partner for ten years so I am his common-law wife. Am I entitled to 50% of his assets and maintenance if we separate?
A common-law wife is as rare as the Dodo, as is a common-law husband. What claims, if any, you can make against your partner depends upon the facts in your case and whether there is an agreement between you about the property that was owned by your partner. It is a very complicated area of the law and there are few black and white answers.
My wife has run up tons of debts in her name and I suppose, because I am her husband, I am responsible for paying them if she doesn't. Is that right?
If they are debts in joint names, then probably the answer is yes. However, if they are all in her name then the answer is no. Unless the debt is secured against your jointly owned property or you are a guarantor for your wife's debts, they are probably going to be her problem alone.
Isn't it cheaper to have a non-Solicitor do your divorce - aren't Solicitors the most expensive option?
Not necessarily. The person who conducts your case will have an hourly rate that is based upon his/her experience. A legal executive with 20 years' experience will charge a higher hourly rate, than a newly qualified solicitor.
Isn't it cheaper to go to a Solicitor who does Collaborative Law?
Not necessarily. Not many divorce cases are settled under the Collaborative Law process in comparison with the number of cases settled under the procedures that have been in place since the Matrimonial Causes Act 1973. Collaborative lawyers charge by the hour just as non-Collaborative lawyers do. Negotiations take place in four-way meetings, and there is no timetable or finite timescale for concluding the negotiations. If the Collaborative Law process does not reach a settlement that each party is content with, then the two sets of collaborative lawyers have to back out of the case, leaving each client to instruct a new lawyer. The new lawyer will start the case from scratch as if the Collaborative Law process had not taken place at all. However, the Collaborative Law process can work particularly well to resolve disputes involving children and in the preparation of pre-marital agreements, living together agreements or pre-civil partnership agreements. Please contact Elizabeth Hodder eah@gross.REMOVE-THIS-BARRIER-BEFORE-SENDING.co.uk, who is a trained Collaborative Lawyer, for further information.

The Family Law Department at Gross & Co. is asked similar questions to this every day of every week. Our solicitors are qualified to answer these questions.

Ask us, and you will receive expert advice, and peace of mind.

Please contact Elizabeth Hodder at eah@gross.REMOVE-THIS-BARRIER-BEFORE-SENDING.co.uk or Julie McDonald at jm@gross.REMOVE-THIS-BARRIER-BEFORE-SENDING.co.uk for further answers.