A national report has uncovered for the first time just how little people in England and Wales know about what the law says when it comes to dividing finances and property on divorce - including divorcees themselves.
The research, led by the University of Bristol, showed knowledge overall was either lacking or hit and miss.
Emma Hitchings, Professor of Family Law at the 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."
The study, funded by the Nuffield Foundation, 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. They were asked to identify whether each statement was true or false.
On average the general public correctly identified just under half (4.5) of the ten statements, with levels of understanding only marginally higher among divorcees. One in ten (11%) of the general public failed to correctly identify any of the ten statements as true or false. Divorcees who had consulted or used a lawyer, those who had more assets to divide, and those with children under the age of 18 tended to be better informed, according to the findings.
"Although divorcees with dependent children were found to know more about the legal position, including child maintenance, there were still high levels of misunderstanding among parents on these issues," Prof Hitchings added.
The greatest misconceptions among the public related to whether all assets and debts are automatically split evenly on divorce – with nearly a third (30%) of people incorrectly thinking this was the case. The same proportion of the public also didn't realise that the duration of the marriage has a bearing on how things are split.
Prof Hitchings concluded: "Some form of early legal advice and information for all divorcees should be a policy priority. This could help to address the deficit in knowledge about the law and legal procedure among the divorcing population, particularly amongst those divorcees who do not obtain any form of legal support."
Professor Emma Hitchings is spearheading the Fair Shares Project – a body of research shedding new light on how the 100,000 couples who get divorced each year in England and Wales use the legal system and divide their assets. The findings aim to provide a clearer picture and highlight areas for potential future legal reform or improved public awareness and understanding.
Ash Patel, Programme Head Justice at the Nuffield Foundation, said: "This research once again strengthens the call for much-needed earlier, and more accessible legal advice and information for people navigating the private family law system. It reveals the scale of misunderstanding about the law and people's rights and obligations when divorcing, the consequence of which could lead to unsatisfactory and unfair financial arrangements being agreed. For many people and their families this can cause material financial hardship and difficulty."
Paper
'Understanding of the law around finances and property on divorce' by E. Hitchings and C. Bryson
