Like most things in life, people do not have a detailed insight into what getting divorced entails unless they have been through the process (or work within it). By way of example, people often perceive the word divorce to cover the full process of resolving financial claims and dealing with arrangements for any children but, in legal terms, the divorce is a very straightforward legal process which ends the marriage but doesn’t resolve either of those issues.
Given the growth of AI, it is inevitable that people will turn to this as a tool to help them through the process but there remain some question marks over whether this will give them a truly accurate picture.
The below explores some basic questions and considers the AI response versus what a family law solicitor might advise.
What is marriage?
AI response
Marriage is a social, legal and often religious union between two people who choose to live together as partners. It usually involves a commitment to support, care for, and share life with each other.
Different cultures and religions may define marriage in their own ways, but it commonly includes:
- Emotional and personal partnership
- Legal rights and responsibilities
- Sometimes forming a family and raising children
In simple terms, marriage is a committed relationship where two people agree to build a life together.
Lawyer’s view
This is a fair explanation. In reality, very few people take on board the fact that marriage does change your legal status and that you obtain (under English law) various financial claims (for property, lump sums, pensions and potentially maintenance). It is sensible to consider this and, linked to that, consider whether it might be appropriate to enter into a pre-nuptial agreement to regulate those claims and avoid later dispute.
What is divorce?
AI response
Divorce is the legal process of ending a marriage. It officially separates two people who were married, so they are no longer spouses in the eyes of the law.
After a divorce, things like property, finances, and (if applicable) child custody and support are usually decided or agreed upon.
In simple terms, if marriage is the joining of two people, divorce is the formal way of separating them.
Lawyer’s view
This is partly true but, generally, resolving financial matters and issues relating to children happens at the same time as the divorce (not after). In England and Wales, the divorce application is made and then there is a 20 week cooling off period before conditional order can be pronounced (interim divorce) and then a further 6 weeks and 1 day before this can be made final. We generally use that time to resolve the other issues.
Can I hide assets in divorce?
AI response
Short answer: no—you shouldn’t try to hide assets in a divorce. It’s illegal and can seriously backfire.
In places like England and Wales, both spouses have a legal duty to give full and honest financial disclosure during divorce proceedings. This includes income, savings, property, pensions, and investments.
Lawyer’s view
This is true. If you try to hide assets, and are found out, you may be penalised financially as part of the settlement. It can be treated as contempt of court in extreme circumstances and, if later discovered, it can make any financially settlement vulnerable to attack
My ex had an affair will they be penalised on divorce?
AI response
Short answer: usually no—having an affair does not normally lead to a financial penalty in divorce in England and Wales.
Lawyer’s view
However unfair it may seem, this is true. AI suggests that dissipating assets on the affair might be taken into account, but this is very rare and would need to be significant. Perhaps more likely, is that it will be relevant if the affair is ongoing and there are plans to live together as it could be taken into account with regards to ongoing needs.
Will my business be taken into account on divorce?
AI response
Yes—your business will almost certainly be taken into account in a divorce in England and Wales.
But that doesn’t mean it will be “taken away.” The court’s goal is fairness, not to destroy your livelihood.
Lawyer’s view
This is not a straightforward question. It is fair to say that account must be taken of any business, but that does not mean that the party who does not retain the business will get more of something else nor that they will get a share in the business. Some businesses do not have any capital value due to their nature. Further, the court also needs to take account of issues surrounding illiquidity and risk.
It would be very rare for a court to force the sale of a business as part of a settlement. Where there is a capital value it is more likely that this would be taken account of through the other party receiving assets to offset and/ or maintenance. The court could also consider an award which shares the value as and when it is realised or a transfer of shares.
