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divorce law myths

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.

divorce agreement

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.

getting divorced

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.

divorce solicitors

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.

 

There are people on each side of the fence regarding defendants being awarded discounts if they plead guilty to their crimes. In many cases, their sentences are reduced significantly and some believe horrific crimes, such as murder, should not be rewarded!

Others believe that it would be a great expense to go through a trial by not allowing the defendant to plead guilty and get a discount.  They also firmly believe it would put victims through a great hardship during the trial and therefore could be prevented.

Although it’s up to the Judge’s discretion whether to offer a higher or lower discount and more and more courts are leaning toward and “Overwhelming Case” to justify lowering the discount reward.  The controversies surrounding the entire issue whether defendants can plead guilty and get a discount is certainly not mending any bridges from either side of the situation.

Maybe not known by all, the courts are actually giving a discount to defendants who are willing to plead guilty.  Some reasons for this include saving time and money, will spare victims stress from giving evidence, and defendants could show signs of remorse.

In general, the discount of 1/3 is given for a plea of guilty if done as early as possible. Read more