I was the breadwinner, so I deserve more
Even if you earned the vast majority of the money in your marriage, you are not entitled to a larger share of the assets should you divorce. The respective contributions of the breadwinner and the homemaker are viewed to hold equal worth to a marriage under the law. Where assets have been accumulated during a long marriage it is therefore likely that they will be divided equally in recognition of each party’s individual contribution and to ensure that both husband and wife can secure sufficient housing after a divorce. However, if there are limited assets and one parent has primary care of the children, it is likely that they will win the majority share of the assets in order to safeguard the welfare of the children.
By transferring the assets to a family member, my ex won’t be able to claim a share
Simply transferring assets into someone else’s name does not mean that they cannot be subject to redistribution in a divorce financial settlement. It must not be forgotten that UK courts have comprehensive powers, and if they judge that assets (even in someone else’s name) are matrimonial, they will not hesitate to return them to the matrimonial pot. Equally, they could decide that certain transactions should be excluded from this but the nature or the trust and its beneficiaries will inform the Court’s decision.
If the marriage was short, parties will simply return to pre-marriage positions
Courts now tend to add on any periods of pre-marital cohabitation when they determine the length of a marriage. Therefore, in looking at any divorce settlement, even for short marriages, any cohabitation beforehand may be deemed relevant as well.
All maintenance orders are final
Yet another fallacy. Firstly, maintenance orders can be varied, and secondly, the Court is entitled to capitalise them, meaning that your ex may be able to try and get more in the way of a lump sum settlement in place of regular maintainance from the divorce.
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