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There’s no getting around people who seem to think they know everything they need to know about divorce. Unfortunately, beliefs are not always reality and some people could end up stepping into something they are not prepared for.
So, let’s look at some of the leading myths that circle around divorce…
Your Spouse Must Agree To Divorce
Although it’s always easier if you both agree to a divorce, you do not need your spouse’s consent to move forward. If the petition shows that the marriage is falling apart because of your spouse’s love affair, you do not need them to agree to the divorce. All you need to do is let the court know that your spouse has been served with the petition. No doubt, in a perfect world, it would be great if the two of you could sit down and work out the details but in many cases, that’s just not going to happen.
You Will Be Responsible For The Costs
That’s not necessarily true. If you issue a petition that states your spouse has been having an affair or another behaviour, you can request they pay your costs.
A 2-Year Separation Will Allow the Petition To Go Through Much More Quickly
The procedure for divorce is the same and will take the same amount of time regardless of facts that might show the marriage has completely and totally fallen apart. If you choose to wait until the two of you have been separated for 2 years or more, you must wait until those 2 years have passed. Everything else, after that period of time, will be the same including the entire process and the time frame.
A Divorce Will Stop All Financial Responsibilities Between Both Of You
Again, this is just not true. A divorce will not stop all financial claims brought on the other. It is highly advised you seek legal counsel to understand the ramifications of being divorced without a financial agreement firmly in place.
The Decree Nisi Is The Final Degree For Divorces
First, a decree nisi (or rule nisi) is a court order that does not have any power unless certain conditions are met. Once the conditions are met, the ruling becomes a rule absolute and is binding. There are people who fling divorce nisi around believing they are now divorced. Again, wrong! This decree is only a step halfway through the entire process. After, literally, one year and 6 weeks from the declaration of the decree nisi will the decree absolute be put in place. The decree absolute is the final decree for a divorce. For more info on this get in touch with a good family and divorce solicitor.
You Can Issue A Petition Based On Irreconcilable Differences
Currently, this country only has a full-based system. The exception might be if you both agree to a divorce and have lived apart for 2 years or more. The courts, at this time, do not recognise no-fault divorces like some other countries and some argue that this is outdated and designed to make couples suffer.