Finances linked to a couple give rise to a whole host of myths. For instance, if a husband is going bankrupt, a wife will often assume that she will still get the house, particularly if there are any children involved.
The reality is that the security of the matrimonial home will be threatened and the question will arise as to whether the property should be sold to pay off the creditors.
Businessmen may assume that a pension they had before a marriage is safe in the event of a divorce. However, an experienced family lawyer will tell you that – assuming it was not an exceptionally short marriage – who owned what before the wedding is largely irrelevant when sorting out a settlement. A court will consider what is a fair arrangement given the facts and relative needs now. Both parties’ pensions will be considered as a part of that.
And many people believe that once a Decree Absolute is declared, all financial claims are dismissed. In fact, claims on an ex-partner's assets can be made years later unless certain criteria are met.
Divorce and separation is a minefield, made more complicated by the fact that every case is unique and needs to be tackled on an individual basis. Establishing the full facts is the job of your lawyer. Tell them everything so that they can offer you the best advice possible.
There’s more details on financial settlements on divorce on the main Woolley & Co website.