It is perhaps no wonder that there are so many myths surrounding the divorce process. Many people will offer words of wisdom to those going through a separation or divorce, but how many of these hold true?

What are the top 5 myths about divorces in Scotland?

1. "My spouse had an affair so he/she will get a lower settlement from the divorce!"

Scotland has a 'no fault' system when it comes to divorce. This essentially means the reason for the separation is irrelevant and is not taken account when decisions relating to the division of matrimonial property are made, either through negotiation, or by a court.

2. "I don't need to pay child maintenance because my spouse doesn't let me see the kids!"

The obligation to financially support a child or children exists whether or not that parent has contact with them. The issues surrounding contact and child maintenance should be regarded separately. If you are having difficulty agreeing matters directly with your spouse in relation to the level of maintenance to be paid, or contact, you should seek legal advice as soon as practically possible.

3. "I?m not committing adultery because my spouse and I are separated."

You may be separated, but until you are formally divorced, you could still be committing adultery by becoming involved in another relationship.

4. Pre-nuptial agreements aren't recognised in Scots law

Pre-nuptial Agreements are contracts that are entered into between two people who intend to marry, but who want to protect certain assets already owned by them. Assuming they are entered into without duress or coercion of any kind, then a Scottish court is likely to be reluctant to interfere with an agreement of this nature. The document should be drawn up by a solicitor and both parties should ideally have taken legal advice prior to signing and have made a full disclosure of assets to the other party during the negotiation process.

5. "I can't afford a divorce lawyer!"

The question is not whether you can afford one, it's whether you can afford not to have one. The legal issues surrounding separation and divorce can be complex and failing to take advice quickly could end up costing you more in the long term.

If you would like to discuss any aspect of your separation or divorce, please contact a member of our family law team.