If you’ve recently started watching The War on Sky, you could be forgiven for thinking that every divorce involves dramatic courtroom confrontations, surprise revelations and tense cross-examinations.
In reality, family law proceedings are often far less dramatic than television would have us believe. Most cases are resolved through negotiation, mediation or other forms of non-court dispute resolution, with court proceedings often being a last resort.
Many people approach separation with misconceptions about what happens during a divorce and how financial settlements are reached. Below, we debunk four of the most common myths we hear from clients.
Myth 1: Assets Are Always Split 50/50 in a Divorce
False – One of the most common misconceptions about divorce is that all assets must automatically be divided equally between spouses.
Whilst a 50/50 division may be an appropriate starting point in some cases, every financial settlement is considered on its own facts. The Court’s primary objective is to achieve a fair outcome, and that does not always mean an equal outcome.
When determining a financial settlement, the Court can consider a range of factors, including:
- The parties’ needs and obligations
- The resources available within the matrimonial pot
- The length of the marriage
- The age and health of each party
- Income and earning capacity
- The standard of living enjoyed during the marriage
- Financial and non-financial contributions made by each spouse
- Any sacrifices made to career progression for the benefit of the family
As a result, the division of assets in divorce cases can vary significantly depending on the circumstances.
Top Tip
Avoid focusing solely on percentages. Instead, think about what a fair settlement looks like for your individual circumstances and future needs.
Myth 2: Your Partner Automatically Gets Half Your Pension
False. – Pensions are often one of the most valuable assets within a marriage, particularly where a party has accrued benefits through an NHS, Police or Local Authority pension scheme.
Many people assume that their spouse will automatically receive half of their pension on divorce. However, there is no rule that requires pensions to be split equally in every case.
The Court may consider whether a Pension Sharing Report is required and whether a pension can be offset against another asset within the marriage. The Court can also consider factors such as the length of the marriage, when the pension was accrued and the parties’ future needs in retirement.
Every case is different and the treatment of pensions will depend on the overall circumstances.
Top Tip
Obtain an up-to-date Cash Equivalent Transfer Value (CETV) as early as possible. Understanding the value of your pension can help you and your solicitor assess the available options and identify what outcome matters most to you, whether that is protecting your pension, retaining the family home, achieving a clean break or ensuring financial stability in retirement.
Myth 3: Hidden Assets Cannot Be Found During Divorce Proceedings
False – A common fear during divorce is that a spouse may deliberately conceal assets or income in order to secure a more favourable settlement.
Whilst we appreciate that this is a concern for many clients, hiding assets is often more difficult than people think.
Both parties are under a continuing duty to provide full and frank financial disclosure throughout the financial remedy process. Solicitors will carefully review the information provided to ensure that all relevant assets, liabilities, income and resources have been disclosed.
Where concerns arise, additional questions can be raised and further information requested on a party’s behalf.
Top Tip
If you are considering divorce, try to complete a Form E financial disclosure document as early as possible. Whilst the process can appear daunting, it provides a detailed picture of the financial circumstances of both parties and can help ensure any settlement discussions are based on accurate information. If there are concerns that assets have not been disclosed, these can be investigated further as part of the process.
Myth 4: Moving Out of the Family Home Means You Lose Your Rights
False – Many people worry that if they move out of the family home following separation, they will automatically lose their financial interest in the property.
This is not the case. Moving out of the matrimonial home does not automatically remove your legal or financial rights. If you and your spouse have lived in the property during the marriage, it is likely to be considered a matrimonial asset and therefore taken into account when resolving the finances.
We understand that every family’s circumstances are different and that remaining under the same roof following separation is not always practical or appropriate. Decisions about whether to stay or leave the family home should be based on your circumstances rather than concerns about losing your entitlement.
Top Tip
Before making any decisions about moving out of the family home, seek legal advice tailored to your situation. Understanding your rights and options can help you make informed decisions without compromising your position.
Separating Divorce Myths from Reality
Divorce and family court proceedings are often surrounded by misconceptions, many of which can create unnecessary anxiety at an already difficult time.
Whether you are concerned about pensions, property, hidden assets or what really happens in the Family Court, obtaining specialist legal advice can provide clarity and help you move forward with confidence.
If any of the myths discussed above have resonated with you, speaking with a family solicitor can help you better understand your position, your options and the steps available to achieve a fair outcome.
For more information, please contact...
Olivia Fisher
Solicitor
Olivia Fisher is a Solicitor at Swinburne Maddison, working across both Contentious Probate and Family Law. Qualifying in July 2026, Olivia has continued to…
