Report suggests poor public understanding of law on divorce finances
A new report has indicated that the public have a very poor understanding of what the law says when it comes to dividing finances and property on divorce.
The report details the results of research carried out by the University of Bristol, and funded by the Nuffield Foundation. The research involved presenting more than 20,000 people in England and Wales with ten statements on what the law says about how finances and assets are split on divorce, asking them to identify whether each statement was true or false.
The research found that on average the respondents correctly identified just under half (4.5) of the ten statements, with levels of understanding only marginally higher among those who had gone through a divorce. One in ten (11%) of the respondents failed to correctly identify any of the ten statements as true or false.
The research also found that divorcees who had consulted a lawyer, those who had more assets to divide, and those with children under the age of 18 tended to be better informed.
Amongst the specific misconceptions uncovered by the research were that:
- 35% believed that it was not true that the law prioritises the parent with whom the children live;
- Worryingly, 22% believed an individual isn’t entitled to a share of their spouse’s pension;
- 30% incorrectly believed that all assets are automatically divided equally; and
- 30% did not know that the duration of the marriage could have a bearing upon how assets are divided.
Emma Hitchings, Professor of Family Law at Bristol University’s Law School, who co-led the study, said: “This is the first national study to assess what people know about how assets are shared on divorce. Perhaps unsurprisingly, misconceptions are widespread and knowledge is patchy as the laws can be complex.
“But it is particularly concerning that this low level of understanding also applies to those who have actually been through divorce. The findings highlight the need to help ensure people are better informed about their legal position, so fair outcomes are reached.”
She is correct: the law on finances and divorce can be complex. It is therefore essential that anyone going through a divorce, or contemplating a divorce, should seek expert legal advice, at the earliest opportunity. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.
You can find the report here.
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