Question: What does the loch ness monster, quickie divorces, bulls getting angry when seeing red and common law marriage have in common? (it’s not a joke!)
Answer*: They all hail from the land of poppycock!
At Susan Howarth & Co. Solicitors, we often speak to clients who’ve been misled by myths that sound convincing but have zero basis in law - less horrific myths perhaps (!), but definitely false and potentially damaging ones.
1. “We Want a Quickie Divorce”
The tabloids love to talk about “quickie” celebrity divorces – think Britney Spears (whose first ‘marriage' was in fact annulled, meaning that, in the eyes of the law, the marriage was never valid), Kim Kardashian and JLo.
But here’s the truth: there is no such thing.
Under English law, all divorces follow the same process, regardless of your celeb status. Thanks to the no-fault divorce system introduced in 2022, things are simpler and less confrontational, but it still takes a minimum of 26 weeks (about six to seven months) to finalise a divorce. And that’s assuming there are no delays caused by disputes over children, finances or property.
So, despite what the headlines suggest, even A-listers can’t fast track the system!
2. “We’ve Lived Together for Years, So We’re Common Law Married”
This one is dangerously misleading - and still believed by many.
Despite widespread belief, there’s no such legal status as a “common law marriage” in England and Wales. Even if you’ve lived together for decades or have children together, you do not automatically gain the legal rights of a married couple.
If you're cohabiting, it's essential to consider a cohabitation agreement to clarify responsibilities and protect both parties in case the relationship breaks down.
3. “Mediation Might Help Save Our Marriage”
Mediation is a fantastic legal tool - but not for reconciliation.
Mediation is not counselling. It’s not about fixing your relationship; it’s about helping separating couples resolve disputes over things like child arrangements, housing, or finances in a neutral environment.
For example, when Fearne Cotton and Jesse Wood divorced, it’s been reported that their separation was "amicable" and resolved privately - likely with help from mediation or similar dispute resolution services.
Mediation can ease the transition, reduce court time and costs, and is now a requirement before certain applications can be made to court (unless exemptions apply). But it won’t fix the relationship - only what happens after it ends.
4. “Everything Gets Split 50:50 in Divorce”
It’s a common belief that when you divorce, everything - house, savings, pensions - is split equally down the middle. Not necessarily true.
While 50:50 is often the starting point, the final division depends on factors like each party’s financial needs, earning potential, contributions to the marriage, child care responsibilities, and more.
Take Madonna, for example. When she divorced Guy Ritchie in 2008, it was reported she paid out £60million to Ritchie. Why? Because celebrity or not, financial settlements are highly individual.
There’s no one-size-fits-all formula, and outcomes can vary significantly. Legal advice is crucial to ensure fairness and transparency for both parties.
5. “My Ex Won’t Inherit From Me - We’re Separated”
Here’s a particularly risky assumption. If you're separated but not legally divorced, your ex can still inherit your estate, regardless of whether or not you’ve updated your will.
Under the law, you’re still legally spouses until your Final Order (formerly Decree Absolute) is granted. This means they may be entitled to your estate—even if you’ve been living apart for years.
If you're splitting up and want to protect your assets and loved ones, update your will as soon as possible. And if you don’t have one? Now’s the time.
Bonus Myth: “I Can Just Do It Myself”
Technically, yes—you can file for divorce without a solicitor. But just because you can doesn’t mean you should.
While online forms make it look simple, there are major pitfalls - especially when it comes to sorting finances and childcare arrangements. Getting professional advice ensures your paperwork is correct, your rights are protected, and no crucial matters are overlooked.
It’s a bit like fixing your car yourself. You could, but it’s probably safer (and cheaper in the long run) to call in an expert.
More Than Just Mythbusters…
At Susan Howarth & Co., we’re not just here to bust legal myths—we’re here to help you navigate real-life situations with clarity, compassion and expert advice.
If you’re thinking about separation or divorce, have questions about cohabitation or want to understand your legal position, we’re ready to help.
Call us on 01606 48777 for more information or to book an appointment with a member of our specialist Family Law team.
*ps. The Great Wall of China isn’t visible from space either and we’re not even going there with Bigfoot!
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