Divorce Law Myths: What You Really Need to Know

Divorce can be one of the most stressful and emotionally charged times in a person’s life. Unfortunately, myths and misinformation about UK divorce law are everywhere - from friends and family advice to TV dramas and social media snippets. Believing these myths can lead to costly mistakes, unrealistic expectations, and unnecessary conflict. This blog sets the record straight on the most common divorce myths in the UK.

Myth 1: “You can get a quickie divorce”

The term “quickie divorce” is one of the most persistent misconceptions. In reality there is no such thing as an instant divorce in England and Wales.

Since the introduction of no-fault divorce in April 2022 under the Divorce, Dissolution and Separation Act 2020, the process has been simplified. Couples no longer have to allege adultery or schedule out examples of their partner’s unreasonable behaviour - removing blame makes things less confrontational.

However, the law also requires a minimum timeframe of just under six months from application to final order. This includes a 20-week “reflection period” after the initial application before the conditional order can be granted, followed by a further 6 weeks before applying for the final order.

So, while divorce is often less acrimonious today, it is not quick, and anyone promising an overnight solution is selling a myth.

Myth 2: “Mothers always get custody of the children”

This myth stems from outdated stereotypes. The law does not favour mothers over fathers. Instead, family courts decide child arrangements based on the best interests of the child.

Key principles come from the Children Act 1989, which requires courts to consider:

• The child’s wishes and feelings (depending on age and maturity)
• Physical, emotional and educational needs
• The likely effect of changes in circumstances
• Any risk of harm

There is a starting point in family law that children benefit from having a strong relationship with both parents, wherever safe and possible. Shared care arrangements are increasingly common, and courts encourage cooperation rather than assuming the mother is the default primary carer.

Myth 3: “Divorce means everything is split 50/50”

Another common misunderstanding is that the court will always divide assets down the middle. In reality, fairness, not equality, is the guiding principle.

Under the Matrimonial Causes Act 1973, the court considers a list of factors, including:

• The needs of each spouse and any children
• Each party’s income, earning capacity, and property
• Contributions to the family (both financial and non-financial, such as raising children)
• Age, health, and future financial needs

While an equal division may be the starting point of the analysis, particularly in medium or  long marriages, it is not a universal rule. The financial needs of the parties, or the circumstances of specific contributions, may often lead to the fairest outcome being something other than perfect equality, for example, if one spouse has primary care of young children, they may receive a larger share of assets to ensure stability of housing provision for the benefit of those children.

Myth 4: “You need to prove adultery or bad behaviour to get divorced”

Before April 2022, couples often had to cite adultery or unreasonable behaviour unless they waited years for a separation-based divorce. This system led to unnecessary conflict and “blame games.”

The introduction of no-fault divorce ended this. Today, you don’t have to prove misconduct or apportion blame - simply stating that the marriage has irretrievably broken down is enough. You can even apply for divorce jointly now!

This reform has modernised divorce, reducing conflict and allowing couples to focus on practical arrangements rather than finger-pointing.

Myth 5: “Only the wealthy need a prenup”

Prenuptial agreements (prenups) are often thought of as something only celebrities or the super-rich bother with. But in reality, prenups are becoming increasingly common across all walks of life. They can help protect family businesses, property owned before marriage, inheritances or gifts and assets for children from previous relationships.

While prenups are not automatically binding in England and Wales, the Supreme Court case of Radmacher v Granatino (2010) established that courts will generally uphold them if entered into freely (on a date reasonably ahead of the wedding as opposed to being signed on the big day), with full disclosure, and with independent legal advice, and that the terms are considered fair in the circumstances.

Far from being “unromantic,” prenups are a sensible planning tool for couples who want clarity.

Myth 6: “If you represent yourself, you’ll save money”

While you can act as a “litigant in person,” divorce and financial settlements are complex. Without legal guidance, you risk missing out on entitlements, agreeing to unfair terms or delaying the process by making mistakes. It can often cost more to ask a lawyer to remedy something that has gone wrong compared to asking a lawyer to do it correctly and efficiently in the first place. 

Research consistently shows that cases with legal representation are resolved faster and with fewer disputes. A solicitor specialising in family law ensures your rights are protected and that any settlement is enforceable.

Why Understanding These Divorce Myths Matters

Myths about divorce law don’t just confuse people - they can cost thousands of pounds, prolong proceedings, and harm children’s wellbeing. With major reforms like no-fault divorce and ongoing debate about prenups and financial remedies, relying on old advice is risky.

The reality is that every divorce is unique, and the law gives judges wide discretion to reach fair outcomes. Listening to well-meaning friends or internet forums can leave you unprepared.

Get Trusted Family Law Advice

If you’re separating or thinking about divorce, don’t rely on outdated myths. The best step you can take is to book an initial appointment with a specialist family lawyer. They can give you clear, accurate advice tailored to your situation - protecting your finances, your children, and your future.

Speak to a family law expert today to get the answers you need, not the myths you’ve heard.