Sarah McCarthy, Chartered Legal Executive
Hill Dickinson LLP Dealing with marriage breakdown is a daunting task. Lots of people will have some words of wisdom to share with you. Often these words of wisdom, while intended to help, will actually lead you up the garden path. Take heed and consider the following matrimonial myths…
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Common law marriage exists
Some people believe that after a lengthy period of cohabitation the relationship attracts the same rights as married couples should the relationship breakdown. This is a myth. Rights of cohabitees on relationship breakdown are very limited and different from those rights of married couples. Property disputes in respect of cohabiting couples are dealt with under the Trusts of Land and Appointment of Trustees Act 1996. Additionally, cohabiting couples do not have the right to make claims in respect of pension and income. Breakdown of a marriage is dealt with under the Matrimonial Causes Act 1973. Under this Act, couples can make claims in respect of income, pension and capital. The court has wide discretion under this Act.
You can divorce easily using the ground of irreconcilable differences
This is a myth. Irreconcilable differences is not a ground for divorce in England and Wales. The only ground for a divorce in England and Wales is that your marriage has irretrievably broken down. This can only be proven to the court by using one of the five facts set out in the Matrimonial Causes Act 1973. These relate to adultery, unreasonable behaviour, desertion, separation for a period exceeding 2 years (provided your spouse consents) or separation for a period exceeding 5 years.
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