Wealden Times | WT195 | May 2018 | Restoration & New Build supplement inside

Divorce Mythbusters
There are many myths about who has what rights when a marriage breaks down.
In our experience, a belief in those myths can lead people to make decisions they
otherwise wouldn’t or shouldn’t make. Here are some common examples:
My divorce has been finalised, so
my ex cannot make a financial claim
against me.
Unless you and your ex have a court
order specifically dismissing your
financial claims against each other,
they remain open, meaning that at any
point in the future, either one of you
can make a claim against the other,
although once you remarry, you lose
the right to initiate a claim.
My wife and I are separating because
she had an affair. I have asked her to
move out, but she won’t. Can I force
her to leave by changing the locks?
If you own the property jointly, then
you both have a right to live in it. If
it is in your sole name but it is the
family home, then your wife could
obtain the right to remain by filing
a Home Rights Notice at the Land
Registry which lasts until the divorce is
finalised. Therefore, whilst technically
you can change the locks, if your wife
wants a copy of the new key, you have
to provide one.
My husband says that because he
made the money, he is entitled to
more of it.
The assumption is that, regardless
of your respective roles within the
marriage, you have both contributed
fully and therefore the starting point
for dividing capital on divorce is that
it is shared equally, regardless of who
“made it” and whether it is held in joint
names or sole names. It is however
possible to argue that money acquired
before the marriage, after separation
or by gift/inheritance should not be
shared equally.
My wife says that because I want the
divorce, I will get less money in the
settlement.
Whilst there are many factors which
are taken into consideration when
deciding the appropriate financial
settlement, the reason for the divorce
is not one of them, except in very rare
and exceptional circumstances.
Hopefully, the above demonstrates
the dangers of assuming anything and
how important it is to get expert legal
advice, so that any decision you make
is the right one for you.
If you would like further advice we
offer a free 30-minute meeting.
Please contact our team secretary
Khaila Reid on T: 01892 502 335
or E: kreid@bussmurton.co.uk
and quote ‘Wealden Times’.
Please get in touch with our Family team who will be happy to help.
Melanie den Brinker
Margaret Evans
Lora Grogan
Julie Taylor
Kristy Underwood
www.bussmurton.co.uk T: 01892 510 222
TUNBRIDGE WELLS | CRANBROOK | EAST GRINSTEAD | DARTFORD
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