No Fault Divorce UK - Page 2

This topic provides comprehensive information on the new no-fault system - including its implications for the divorce process, timelines, and how it marks a significant shift in family law, simplifying the process and reducing potential conflict between separating couples.

Family professionals show support for the Family Solutions Group call to end the use of ‘battle’ language and the term ‘custody’ following a family separation. Taking the ‘fight’ out of family separation is long overdue to protect children.
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Call to End the Combative Language of Family Separation, on First Anniversary of No Fault Divorce

Published on
Helen Adam
Helen Adam
Chair
Family Solutions Group
  • Family professionals show support for the Family Solutions Group call to end the use of ‘battle’ language and the term ‘custody’ following a family separation. Taking the ‘fight’ out of family separation is long overdue to protect children.
  • Supported by the President of the Family Division, the FSG urges legal professionals to stop using adversarial terms and legal jargon in family separation proceedings.
  • 99% of professionals said the language legal professionals use affects separating clients’ mindsets and their behaviour.
  • 99% of professionals said that small changes in language could make a difference to a child’s experience following their parents’ separation.
  • Professionals say that the biggest obstacles to changing family separation language are habit, and client expectations.

The Family Solutions Group, backed by Sir Andrew McFarlane, President of the Family Division, is calling for a radical change in outdated and combative language used by lawyers, courts, media and wider public in cases of family separation. The call comes on the anniversary of the No Fault Divorce, (Divorce, Dissolution and Separation Act 2020), the biggest shake up in divorce law for more than half a century, which came into force on 6 April 2022, ending the need for separating couples to apportion blame for the breakdown of their marriage, helping them instead to focus on practical decisions involving children or their finances.

Sir Andrew McFarlane, President of the Family Division, addressing a Family Solutions Group event said:

“It’s blindingly obvious that the language we have been using is not appropriate and only goes to stoke the minds of those in a combative mindset, rather than direct them in a different way.”

“…this is not a custody fight, it’s a coming together of parents to work together to reduce the impact on their children and help them resolve their issues about the arrangements for their children, in as low a temperature as possible.”

“And bit by bit the penny is dropping. The language is important. I want to do all I can to bring about a change in the way we use language in the court.”

The Family Solutions Group, set up by Sir Stephen Cobb in 2020, say that battle-stoked language and words like ‘custody’, ‘dispute’ and ‘versus’ can heighten conflict between parents, and can have a long-term negative impact on children caught in the middle. They argue that a simple change in the language of family separation away from adversity and battles, towards safety, wellbeing, and child welfare could improve outcomes for parents and their children.

The Family Solutions Group’s call for change is informed by recent polls of over 400 professionals to find out which words are most harmful and helpful, plus a survey completed by 228 professionals.

  • The Family Solutions Group survey found that a majority (99%) of professionals said that the language legal professionals use affects separating clients’ mindsets and their behaviour, and that small changes in language could affect a child’s experience following their parents’ separation.
  • Professionals were asked whether a move away from legal jargon to plain English in client correspondence and case paperwork could improve outcomes and reduce conflict: 86% strongly agreed and 14% said it might have a positive impact.
  • 98% said that using clients’ first names, rather than words like ‘Applicant’, could also make a difference.
  • Professionals cited the biggest barriers to changing family separation language were: habit 50%, client expectations 22%, vested interests 10% and 5% apathy.
  • Over 400 professionals working with separating families, including mediators, barristers, solicitors, judges, family legal advisors, Cafcass, parent coordinators, relationship therapists, contact centres and clinical psychologists attended three workshops in January, February and March and contributed to polls about language.
  • The words custody, dispute, contact, versus, rights, battle and opponent were thought to be the most harmful and damaging, and their continued use sets the tone for acrimonious parental separation and child arrangements. Specifically, stopping using the word “versus” in court headings, like in the high-profile 1979 Kramer vs. Kramer film, could remove the “battle” element.

The phrase ‘custody’ dates back from another era and is loaded with inappropriate connotations of possession and property.  This was removed from the law by The Children Act 1989 and yet 30 years on it is still widely used across media, social media and by the public.

It’s shocking that harmful terms like ‘custody’ are still commonplace in our society and the media, despite every effort to remove them. The ‘fighting talk’ so often used in the context of family separation sets parents against each other, escalating family problems and putting children at risk.  A ‘custody battle’ suggests a tug of war between parents for the control of their child, with parents pulling against each other. Not only is this 30 years out of date, but it’s harmful to children, unhelpful for parents and ultimately damaging to society.”

In these days of increasing awareness of the impact of language upon minority groups, it is extraordinary that there is such a blind spot over the impact of language on families who separate.  The simple truth is that fuelling aggression and battles between parents increases the risk of harm to their children. Our language should reflect a problem-solving approach rather than stoke the fire of a battle.”

It’s clear from our workshops and survey that it’s time for a major culture shift in our language, as people understand the impact on children. There is now a groundswell of support among family law professionals to dial down their language, replacing adversarial and battle-laden terms with forwards-looking and solutions-focused language.  This is all about protecting child welfare which, under the Children Act, should be our paramount consideration.”

We are grateful to the President of the Family Division for highlighting this important issue and leading the call for change.

The Family Solutions Group is marshalling widespread support across all family legal sectors in calling for the end to the use of unnecessary hostile and combative language in family separation.

About Helen

Helen read law at Cambridge and qualified as a solicitor in 1990. Her legal career started with a leading private client practise in London, and she then moved to a High Street practise to broaden her experience. Following a career break she decided not to return to work as a solicitor, limited to representing one parent, and in 2007 retrained as a mediator. She is a founding Partner of Wells Family Mediation and works with clients online, and in person in Tunbridge Wells and Central London.

Helen is one of the foundation trainers for the Family Mediators’ Association and also a Professional Practise Consultant and a Child Consultant. She is an advocate of bringing the voice of the child into mediation and expects age-appropriate children to be offered the opportunity to be consulted.

She promotes an integrated approach to mediation and, as well as working with other professionals within mediation, encourages her clients to seek legal, financial, personal or parenting support outside of the mediation meetings.

Helen is also involved with family policy work. She was the mediator representative on the Private Law Working Group and in 2020, was invited to set up and chair the Family Solutions Group. It’s report “What About Me?“, focusing on the needs of the child following family separation, was published later that year. Helen continues to chair the Family Solutions Group and their paper “Language Matters” was published in September 2022.

Helen is a regular speaker on the need to reframe support for families following separation to be less adversarial and more child-focussed. She delivered the John Cornwell memorial lecture at the Family Mediators’ Association Conference in 2021, and the Bridget Lindley memorial lecture at the Family Justice Council Conference in 2022.

Helen was awarded ‘Family Mediator of the Year’ and ‘Child-Inclusive Mediator of the Year’ at the National Mediation Awards in 2022.

Helen’s clear and unshakeable professional goal is to support parents, where safe to do so, to handle their separation in a way which enables them to cooperate as parents for the years ahead, to the lasting benefit of their children.

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A Guide to Financial Settlement in Divorce
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A Guide To Financial Settlement In Divorce

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

One of the core parts of the divorce process is agreeing on a financial settlement. Especially now, with the introduction of no-fault divorce, it has become more straightforward to get divorced than ever.

However, you don’t want to be caught off guard by the future repercussions of a DIY divorce. Securing your financial future should be one of the main goals of any divorce. That’s why we’ve prepared a guide on the financial settlement.

In this article, Christ Sweetman from Fair Result is going to cover:

  • What is financial settlement?
  • What is included in the financial settlement?
  • How is child maintenance solved?
  • How can you prepare for the financial settlement?
  • Can you reach a financial settlement by yourself?
  • How does the court decide whether the settlement is fair?

What is financial settlement?

In simple terms, a financial settlement in divorce is an agreement between you and your ex-spouse on how to divide financial assets after the dissolution of your marriage or civil partnership.

The settlement can be decided on during any point of the divorce proceedings/civil partnership dissolution. Nevertheless, we would recommend signing a consent order before applying for the Final Order (formerly known as Decree Absolute).

The court usually isn’t involved until the legally binding consent order is signed – stating that both parties agree with the terms. Once the order is drafted & agreed upon, the court needs to approve it. Although, there may be exceptions when divorcees can’t agree between themselves, and the court will be required to intervene.

What is included in the financial settlement?

Matrimonial assets (financial assets acquired during the marriage) are divided as fairly as possible – the starting point of the negotiations is usually 50/50. Whilst non-matrimonial assets (financial assets acquired before the marriage) can be protected by a pre-nuptial agreement and may not get shared.

The financial settlement can include:

  • Money (investments, insurance policies, savings)
  • Property (houses, apartments, rental properties, and holiday homes)
  • Child maintenance
  • Household contents
  • Cars
  • Pension funds
  • Business interests
  • Personal items (over £500)
  • Debts, loans, and credit cards

Moreover, stay vary of the division of mortgages and debt that were accumulated throughout the marriage (otherwise known as matrimonial debt). Since matrimonial debt can be split between both parties as long as the loan was taken out for the benefit of both spouses.

How is child maintenance solved?

In its essence, both parents are legally required to support their children financially. Usually, the parent who doesn’t have regular care of the children – must pay child maintenance.

The maintenance must be paid if a child is:

  • under 16 years old
  • under 20 years old but in full-time non-advanced education (e.g., A-levels)
  • 16-17 years old, no longer in full-time education but has registered for work/training with a careers service.

An agreement can be reached between the spouses regarding children. Alternatively, the Child Maintenance Services can work out child maintenance instead. They will determine how much money needs to be paid to the parent whom the children live with. The decision is mainly based on income & financial commitments.

Additionally, if the spouse that needs to pay maintenance doesn’t live in the UK – an application can be made to the court for a child maintenance order.

How can you prepare for the financial settlement?

The best thing you can do to prepare for a financial settlement is to sort out your personal finances. As well as, roughly agreeing with your ex-spouse who continues to pay the bills and who gets what assets.

If you have any joint bank accounts, matrimonial debt, or credit cards – contact your provider as soon as you can to let them know you’re going through a divorce. Also, make sure your salary or benefits go to a separate account that’s only in your name.

In cases where you can’t trust your ex to not spend money from a joint account, you can freeze your bank cards.

Furthermore, it’s important to evaluate your current finances as an individual and a couple. Make sure to take note of: what you own; how much you owe to each other; what a potential split in assets would look like. Lastly, you should figure out how will the pensions be split.

Can you reach a financial settlement by yourself?

If you’re living in England or Wales – reaching a financial settlement in divorce by yourself is an option. This would come in a form of the consent order, which is a legally binding document that outlines the division of assets & child maintenance.

Once the order is drafted & signed, you’ll need to send copies to the court asking for final approval. This costs £53. Although, to guarantee that your consent order is legally binding you should hire a solicitor.

It’s not recommended to draft your own consent order under normal circumstances. But it’s especially important to hire a solicitor if your financial situation is complex (e.g., you’ve multiple business or property assets), you’ve been married for a long period, or communication has broken down between you and your ex.

Reaching a consent order outside the court can not only speed up your divorce process but also reduce costs. As long as the court thinks the order is fair – it will get approved without any additional court hearings.

How does the court decide whether the settlement is fair?

The court follows the guidelines set out in section 25 of the Matrimonial Causes Act to rule on the division of assets. These include:

  • Existing and future financial assets – the considerations begin with complete financial asset disclosure by both parties. Then the existing assets are evaluated, including how earning potential may change in the future.
  • Current and future financial needs – similarly to future potential earnings, the court evaluates the financial needs of both spouses. Fundamentally, the court looks at moving/re-housing costs and which party will be the primary caretaker of the children. Both parties will also be asked to provide estimated expenses to help with the ruling.
  • Standard of living before the divorce – the court tries to sustain the same standards of living, as before the divorce, for both parties. Although, this is rarely achievable, and a more likely scenario is that both spouses’ standard of living falls.
  • The age of the spouses & marriage duration – in situations where the marriage is short, financial contributions made before the marriage become more important. Whilst if the marriage is long and both spouses are older earning potential, childcare, and pensions suddenly become more important.
  • Spouses’ physical and mental health – this isn’t a common factor during considerations. But when it’s applicable the court will ask for a medical professional to provide evidence.
  • Contributions made for the benefit of the family – this tends to be a highly contested point during the financial settlement. As the Matrimonial Causes Act outlines any contributions made to looking after the home or caring for the family count. So, for example, if one spouse works, while the other takes care of the children – they would be considered equal contributors. On the other hand, things can get more complicated if one spouse brought in high-value assets into the marriage, received an inheritance, or accumulated substantial wealth after separation. In cases like these, the court will consider additional factors.

Final thoughts

Overall, having a signed and approved consent order is the first step you need to take to secure your financial future after divorce. To ensure that you won’t face any negative repercussions after the divorce – hiring a solicitor, to help you with your financial settlement, could be your best choice.

Click here for more articles from Fair Results

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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No-Fault Divorce - One Year On
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No-Fault Divorce – One Year On

Published on
Peter Burgess
Peter Burgess
Founding Partner & Mediator
Burgess Mee Family Law

Contrary to critics decrying no-fault divorce for hastening the demise of marriage, we do not expect the new laws to prompt a long-term rise in the divorce rate. While the number of divorces in April 2023 was double the April 2022 figure, this was likely a temporary spike driven by couples who had been waiting to take advantage of the new no-fault provisions.

The process to apply for a divorce has been streamlined, reducing the early administrative work about who will file, and the basis on which they will do so. It provides separating couples with more certainty and less stress from the outset of their divorce proceedings, encouraging an amicable rather than adversarial approach to achieving fair financial and child agreements.

We have seen an increase in couples using mediation to agree a financial settlement and arrangements relating to their children, rather than heading to the courts, and we expect this trend to continue.

The government is also considering a significant change to the role of mediation within the resolution of disputes to make it mandatory for court users to have attended mediation, suggesting a strengthening of the current use of Mediation Information and Assessment Meetings and more judicial powers to refer into DR processes.

For a reluctant or litigious respondent to the divorce, there is certainly far less opportunity to slow the process down, because it is no longer possible to defend a divorce by objecting to the particulars of a petition.

Meanwhile, the government has recently announced a Law Commission review into the law governing financial provision on divorce. While we await the details of any proposals for reform, any change would need to be the subject of careful consideration, as the current framework provides a discretion that protects from unfair outcomes.

Read more articles by Peter Burgess.

About Peter Burgess

Peter is one of the two founding partners at Burgess Mee Family Law.

Having trained at top family law firm Withers LLP, Peter founded Burgess Mee with in 2013, where he advises on the full spectrum of family law issues across the firm’s three offices. Peter is also an FMC accredited mediator.

Get in touch with Peter today:

  • Email
  • Call on – 0203 824 9952

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A solicitor and client shaking hands sat at a desk with paper work.
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Solicitors still key to successful separation, despite introduction of ‘no-fault’ divorce 

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

While it may be tempting to think that no-fault divorce makes lawyers unnecessary to the process, this is far from the case. Taking advice from a solicitor, even if it’s only a single appointment early in the process, can ensure any application starts off correctly and stays on the right track so that it is ultimately concluded in a way that is as efficient and stress free as possible. 

Following the introduction of ‘no-fault‘ divorce in April 2022, one or both spouses now simply need to confirm the marriage has broken down irretrievably. The language used has been simplified and the forms are now accessed through an online portal, which has made the application process for divorce (or dissolution where there is a civil partnership) a lot more straightforward. 

Nevertheless, for most separating couples the divorce application is only one part of the separation process, and sorting out finances and child arrangements can prove much more contentious and challenging.  

Financial matters, particularly the daunting prospect of safeguarding one’s long-term financial future after separation, can be a hugely emotive topic. Many people find that having a solicitor as a ‘buffer’ between themselves and their former partner can help them manage the separation and financial negotiation process a lot more easily. 

Furthermore, a solicitor can be very helpful in dealing with the many complex rules and guidelines that determine what a court would consider a fair financial settlement in that family’s particular circumstances.

As the online divorce process does not formalise the financial settlement, a separate court order (known as a consent order) will still be required, which needs to be properly drafted by a solicitor and approved by the court, even in cases where there is agreement between both parties. A solicitor will also ensure that all aspects of the settlement have been considered, including tax implications and pensions. 

One of the primary concerns our clients have is making suitable, fair arrangements for the care of their children, both in terms of how they will deal with the relationship breakdown and what living arrangements will be put in place thereafter. 

A solicitor can negotiate on their client’s behalf in relation to child arrangements and support them through the court process if this becomes necessary, although for most family’s mediation led by an independent, specially trained third party will be the most suitable route for resolving matters concerning children.  

The best outcomes are achieved through cooperation as, for the most part, separating couples want the same thing: a fair division of their finances to be completed swiftly so they can move forward with their lives. Instructing solicitors who are committed to resolving disputes in a swift, constructive and, if possible, amicable way can make a huge difference to outcomes, costs and stress levels. 

Click here for more articles by Megan

About Megan

Megan Bennie is an Associate in the family law team Furley Page.

Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements. She can also assist with legal issues arising when cohabitation comes to an end whether there is a cohabitation agreement in place or not.

Megan can provide legal advice on a wide range of areas relating to children including arrangements for contact and who a child lives with, where a child lives (including relocation to another jurisdiction) and in relation to special guardianship and adoption.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable office.

 

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I’ve heard we can jointly apply for divorce from April 6 : Is this True?
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I’ve heard we can jointly apply for divorce from April 6 : Is this True?

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Separating couples can submit a joint application on mutual terms for the first time ever when No-Fault Divorce comes into effect on April 6.

Bringing far-reaching changes to divorce laws, No-Fault Divorce follows a three-decade long campaign spearheaded by family justice group Resolution and supported by family lawyers including our firm.

The process finally ends the bitter ‘blame game’ and eliminates the need for separating couples to prove some form of fault or to live apart for at least two years before being granted a divorce.

If you are among the couples looking to make a joint application, here are the steps to take.

Step 1

As joint Applicants you can both apply for a Divorce Order if your marriage has broken down irretrievably. You must also confirm that you have discussed the possibility of a reconciliation.

Firstly, you will need to agree between yourselves who will be the first Applicant as they will start the process by completing the application. The other spouse will then have the opportunity to complete, review and provide any additional details. Both of you will need to sign a statement of truth confirming the facts in the document are true before filing the application.

Step 2

You lodge a statement with the completed application for a Divorce Order, which confirms that the marriage has broken down irretrievably. You can agree between yourselves how to pay the court fee of £593 for your joint application.

Step 3

The court starts the process, and you go through a 20 week ‘reflection period’ to carefully consider if you are making the right decision before you can apply for a Conditional Order (currently known as a Decree Nisi). This is a court order stating the date when a marriage will terminate unless there is a good reason to refuse to grant a divorce.

Step 4

If, after 20 weeks, you still want to continue the divorce application, you inform the court and apply for a Conditional Order.

Step 5

Six weeks after applying for the Conditional Order, the court can issue a Final Order (currently known as a Decree Absolute) – the legal document that terminates the marriage.

If, during the process you are unable to work together to progress the joint application, either of you can apply for a Divorce Order as an individual Applicant.

A cautionary recommendation is to ensure the financial issues are agreed before a Final Order is granted so that pensions and insurance benefits can be protected.

No-Fault Divorce aims to make it easier for couples to manage their separation and work together to avoid lengthy, costly, and stressful court disputes. An experienced family law firm can help you both with compiling the necessary documents or you can apply jointly online.

Click here for more articles from Jones Myers Solicitors

ABOUT NICKI MITCHELL

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator and collaborative family lawyer, Nicki has recently further enhanced her extensive expertise by becoming a child-inclusive mediator. The accreditation enables her to who meets with children of separated parents and hear what they want for their future. www.jonesmyers.co.uk

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How will no fault divorce work?

Published on
Chris Sweetman
Chris Sweetman, Director of Fair Results

The long-awaited Act for “no-fault” divorce was passed in June 2020. It is now due to become law on 6th April 2022.

The new legislation takes away all elements of pointing the blame in divorce, which have previously caused so much polarisation between couples and often leads to children becoming pawns in the middle.

Couples will be able to apply for divorce jointly and they can simply say the relationship has failed without holding either party responsible.

There will be a minimum of 20 weeks between application and divorce becoming final.

Changes in Divorce Processes

The Divorce Process will be faster, and it is hoped all matters will be resolved in a 20-week period, unlike now, where the financial settlement on divorce can often take over 12 months to sort out.

Couples going through separation need the process to be quickened so they can move on with their lives. Too often we hear stories of people still being embroiled in an acrimonious court case months after the couple first separated. The new no-fault process is designed to speed up the divorce, take away blame, and get the whole process resolved much quicker

This timeframe of 20 weeks has been introduced to counter concerns – that the reforms will make divorce a quicker and easier option for couples, than trying to save their marriage.

This ‘period of reflection’ will give couples an opportunity to reflect and work through their differences before committing to a divorce. It will also hopefully give the couples the chance to get all the ancillary matters, children, and finances within this time frame to give couples certainty moving forward.

The new process will still have two stages – conditional offer and final order. Although, there is the possibility of a separation agreement – a written agreement outlining the terms of the separation. A separation agreement will not end the marriage, but it can enable both people to agree on the terms of the separation.

Does the no-fault divorce go far enough? 

Yes, it will take away the blame which should reduce some of the tension, but the financial settlement is still a little nebulous. Judges still have very wide discretion as to how they divide marital assets

We believe new rules need introducing to clarify the courts’ approach to the division of assets.

Since there are no fixed rules, it’s very difficult to advise a client with absolute certainty what a final consent order may look like. This can sometimes lead to parties not wanting to reach an agreement especially if one or both is particularly litigious”

How would we change things?

Baroness Ruth Deech in the House of Lords is championing the idea of reform. Her Divorce (Financial Provision) Bill, proposes the following:

  • Making the starting point for the division of assets on divorce, a 50/50 split of the net value of the matrimonial assets acquired during the marriage. Courts could then consider several factors, including:
    • Any agreement between the parties about ownership of specific property
    • Dissipation of assets
    • The needs of children
  • Assets acquired before the marriage would be excluded
  • Inheritances during the marriage would be ring-fenced unless the needs of one party justified including them in any division
  • Maintenance would only be payable for five years
  • Statutory recognition of pre and postnuptial agreements

Click here for more articles from Fair Results

About Chris Sweetman

Chris Sweetman, Director of Fair Results, an authorised and regulated solicitor with the Solicitors Regulation Authority.

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Lates changes to no-fault divorce
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What do latest changes to no fault divorce mean for separated couples?   

Published on
Adrian Clossick
Head of Divorce and Family
Stewarts Leeds office

Deciding to get a divorce is never an easy decision and going through the process can be very difficult, no matter the reason for it.

But did you know that the landscape for separated couples is changing, with divorce law set to undergo a dramatic shake up?

Long-awaited reforms that were originally planned to come into effect this autumn have been pushed out until spring 2022. This new legislation is known as no-fault divorce and has been coined by many as ‘the end of the blame game’.

I will be discussing no-fault divorce, the changes due to come into effect in spring 2022, and the benefits of this new legislation for separated couples.

What is no-fault divorce?

No-fault divorce is the first major divorce law reform since the 1970s, which will put an end to couples being forced to find blame in one party for the marriage breakdown.

The Act was passed in June 2020 and the changes were originally set to be implemented from autumn 2021. It has since been announced that the government is working on a new commencement date of 6th April 2022.

What does it mean for separated couples?

What no-fault divorce means is that come spring 2022, couples will no longer need to prove one of the five facts as set out in current divorce legislation:

  • Adultery
  • Desertion
  • Unreasonable behaviour
  • Two years separation with consent
  • Five years separation without consent

Instead, the new law will retain the sole ground of divorce being that the marriage has irretrievably broken down, but the need to specify one of the five “fault based” facts will be removed, replacing  it with a statement that the marriage has broken down irretrievably, and there will be no requirement of proof. This will put an end to any blame needing to be given for the marriage breakdown.

The emphasis of no-fault divorce is to encourage a constructive approach to separation and focus on reconciliation, reflection and trusting the judgment of the couple wishing to file for divorce.

No-fault divorce will reduce conflict, allowing couples to focus on important issues like children, property and finances.

The new legislation will:

  • Replace the ‘five facts’ with a new requirement to provide a statement of irretrievable breakdown
  • Remove the possibility of contesting the divorce
  • Introduce an option for a joint application

These changes will also apply to the dissolution of civil partnerships.

Legal terminology changes

If you are finding yourself struggling with legal terminology around divorce, this is also set to undergo a change.

The new legislation is also set to make sure language around divorce is in plain English. Examples include:

  • The petitioner will now be called the applicant
  • Changing ‘decree nisi’ to conditional order
  • Changing ‘decree absolute’ to final order

No-fault divorce: The benefits

There are several benefits of a no-fault divorce, including:

  • It removes blame
  • It better reflects modern relationships
  • It is more current and up to date
  • It negates the need to fit one of the ‘five facts’ into the reason for the marriage breakdown
  • It is a more simplified process
  • It removes the option to contest the divorce

The current law forces those whose marriage is over to blame the other for the breakdown if they are not prepared to wait for a minimum of two years after separation to divorce. If the other spouse does not agree to the divorce, that period is extended to five years.

Very few clients wish to wait that long. They therefore find themselves having to blame the other party’s adultery or unreasonable behaviour to obtain an immediate divorce, whether or not that reflects the reality of the reasons for their separation. This can polarise positions and amp up emotions.”

Coping strategies

If you are separated and awaiting the no-fault divorce legislation to commence next spring, there are several ways to help cope through the difficult adjustment:

Lean on support networks

This period is challenging, mentally, emotionally and physically, and it is important to share your feelings with friends and family to help you get through this period. Other options include joining a support group where you can share feelings with those going through a similar situation.

Avoid isolation

Isolating yourself, particularly during difficult situations like separation and divorce, can raise stress levels, impact concentration and cause barriers with work and relationships, as well as mental and physical health.

Self-care

Ensure you are good to yourself and your body. Ensure you are taking time out to exercise, eat a well-balanced diet and factor in vital periods of relaxation. Try and stick to your normal routine as much as possible, and try to avoid making any major additional decisions or changes.

A positive approach

While it will be challenging at times, try and approach this period positively by embracing new activities, spending time with new sets of friends and moving forward with reasonable expectations to help make the transition easier.

The landmark law changes are set to change the divorce law landscape for separated couples significantly in the future.

The change in the law has been supported by the majority of divorce lawyers as it is bringing divorce law into the 21st century. Removing the need to blame the other spouse for the breakdown of the marriage will hopefully result in a more dignified process for all concerned and enable divorcing spouses to focus on resolving the real issues between them. In short, the change should make the divorce process kinder.

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About Adrian Clossick

Adrian Clossick is Head of Divorce and Family at Stewarts Leeds office, the UK’s leading litigation-only law firm.

www.stewarts.com

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Why no Fault Divorce Will Help Children Caught in the Crossfire

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

I am hopeful that the introduction of no fault divorce to end the bitter ‘blame game’ will help the well being of children who are caught up in their parents’ separation.

Our firm – which has campaigned vociferously for no fault divorce and lobbied MPs – breathed a collective sigh of relief when the bill ended its Parliamentary journey and received Royal Assent.

Spearheaded by Resolution, which champions non-confrontational approaches in family law, no fault divorce aims to make it easier for people to manage their separation and work together to avoid lengthy and stressful court disputes.

Up to now, unless couples have lived apart for two or five years, one partner has to take some form of blame, either adultery or unreasonable behaviour.

In our extensive experience this prolongs divorce proceedings and can cause conflict and lingering resentment which often impacts on children. Such antagonism can continue after parents have split up and more so if one of them is living with a new partner.

Sadly, children who are trapped in the crossfire can often retreat into an artificial world to escape the stresses and strains. Their behaviour can also be affected as children become attention-seeking and demanding.

The knock on effects of this can lead to long-term repercussions such as their education suffering and health problems which can bring lasting damage and affect their future prospects.

Thankfully the new law removes the need to prove adultery, unreasonable behaviour or to live apart for five years before a divorce can be granted.

While the irretrievable breakdown of a marriage as the sole ground for divorce will remain, providing evidence of a ‘fact’ around behaviour or separation will be replaced with a requirement to submit a statement that the marriage has broken down.

No fault divorce also requires that there must be at least 20 weeks between lodging a petition to a conditional order being made.

Coming into effect in the autumn of next year, it paves the way for couples to give their children’s emotional and financial security the priority they deserve – both now and in the future.

Click here for more articles by Peter Jones

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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Did you get divorced this week
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No fault divorce Law Change must be Welcomed

Published on
Susan Harwood is a family lawyer
Susan Harwood
Divorce and Family Lawyer Woolley & Co Solicitors

Last week it was announced that the archaic 50-year-old divorce laws are being overhauled and that “no fault” divorce is likely to become law, finally.

This welcome news has come after much campaigning from lawyers and all those involved in family law and beyond.

Presently the law says that unless you have been separated for 2 years (and the other spouse consents) you cannot divorce without blaming the other party, this is often thought to unnecessarily raise the heat in an already difficult situation for couples who are separating, especially when they are likely to have more important issues to contend with such as arrangements for their children or the settlement of their finances.

When the new law comes into force (date to be confirmed) one party or the couple together will be able to apply to dissolve their marriage based solely on the fact that it has broken down irretrievably, doing away with the need to allege any wrong-doing.

This reform has been campaigned for over many years but the landmark decision in the case of Owens v Owens really cast the issue into the public limelight.

This was a case where Mrs Owens was denied a divorce because the court reluctantly felt she did not have reasonable grounds to end her marriage despite having lived apart since 2015 (the husband would not consent to a divorce based on 2 years’ separation), therefore she must remain married until 2020 when she can apply for a divorce based on 5 years’ separation.

Bringing divorce law into the 21st century

Bringing divorce law into the 21st Century is certainly needed to reflect our changing society and the new law will go some way towards building a process that doesn’t demand acrimony.

In 2012, adultery and unreasonable behavior was cited in 72,000 divorces, some feel that a no-fault system will help ease the pressure and enable couples to end their marriage without unnecessary antagonism.

Whilst this will simplify the process in so far as dissolving the marriage is concerned, couples should always take specialist legal advice on what they may be entitled to in respect of a division of the financial assets, which regrettably is not a simple process as each case is different turning on its own facts.

The 2017 Intergenerational Commission report: The Generation of Wealth showed UK wealth totalling £11.1 trillion, with £4.5 trillion in pension assets and £3.9 trillion in property.

Worryingly an earlier Scottish Widows report showed that whilst 56% of married people would fight for a share of jointly owned property only 9% said they wanted a fair share of the partner’s pension.

In our experience this is because they don’t realise the potential value, and that they may be entitled to a share.

Taking early advice to find out where you stand so you can make an informed decision going forward is always sensible.

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About Susan Harwood

Article by Susan Harwood, divorce and family lawyer with Woolley & Co, Solicitors.

Susan is a well-respected lawyer, recognised in Chambers as a Leading Individual and in Legal 500 Sue is listed as a Recommended Lawyer for Family Law in the South West. 

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no fault divorce and children of divorce
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Why no Fault Divorce will be Less Damaging for Children

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

In the adage that all good things come to those who wait, I welcome the news that ‘no fault’ divorce will finally become law – dispensing with the damaging ‘blame game’ which is detrimental to all involved.

We’ve previously shared our concerns on how the present fault based divorce system can result in acrimonious break ups – with antagonism very often continuing after the parties have separated and where one parent is living with a new partner.

Over the years we have witnessed how this friction impacts negatively on children who, trapped in the crossfire, often retreat into an artificial world to escape the stresses and strains.

The long-term repercussions to children of all ages include poor education, health problems such as depression and concentration issues – all of which can result in long and short term damage and affect their future prospects.

Behavioural issues are also common as children can become attention-seeking and demanding.

Under current legislation, unless couples have been living apart for a period of time one of them must apportion some form of blame, either adultery or unreasonable behaviour, which can in itself create conflict.

Thankfully the new law will remove the ability to contest a divorce and end the need to prove adultery, unreasonable behaviour or to live apart for five years before a divorce can be granted.

It is proposed that while the irretrievable breakdown of a marriage as the sole ground for divorce will remain, the need to provide evidence of a ‘fact’ around behaviour or separation will be replaced with a  requirement to provide a statement of irretrievable breakdown.

Changing the system to remove acrimony and frustration enables couples to focus on vital factors such as creating financial security and ensuring the future happiness and wellbeing for their children is preserved in a harmonious – as opposed to a harmful – environment.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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No-fault divorce good for families
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Why No Fault Divorce Would be Good for Families

Published on
Online Divorces
Jay Williams
Case Manager
for Quickie Divorce

For several years now, those of us that work with people that are divorcing their spouse have felt that the need to apportion blame under is both unnecessary and harmful.

We have all petitioned the government accordingly and this, coupled with the high-profile case of Tini Owens, has resulted in them stating that they intend to hold consultations centred around the potential introduction of no-fault divorce to England and Wales later this year.

Naturally, whilst many support such a change, there are also those who oppose it.

Amongst the arguments put forward by opponents of no-fault divorce, one has gained genuine traction: that making divorce easier will lead to more and more fractured and estranged families.

On the face of things, such arguments make sense. Scratch the surface, though, and it soon becomes clear that this argument is flawed. In fact, should no-fault divorce be permitted following the end of the aforementioned consultations, it will actually benefit families.

Here’s why:

  1. Separation and divorce are two different things

Yes, they’re similar but whilst a divorce is obtained following a legal process having been followed, a couple can separate at any time and with no involvement from any other parties. To put it another way, family units undergo fundamental change when couples separate, not when they divorce.

Indeed, due to legal requirements, the courts of England and Wales will not consider an application for divorce if a couple are not living separate lives and divorce is never the reason for families breaking up as a result.

  1. Blame makes people angry

The need for one spouse to blame the other is something that is more than capable of transforming a harmonious divorce into one that is both rancorous and protracted.

As drawn out and confrontational divorces are extremely stressful and certain to make it harder for the parties involved to maintain a civil relationship following its conclusion, simply allowing a couple to apply for and obtain a divorce after they have been living separately for a reasonable amount of time is infinitely more sensible.

By providing spouses with the best possible means of retaining a harmonious, low-conflict and functional relationship, the potential damage a divorce can have on them and indeed their children is largely negated.

  1. It doesn’t really make divorce easier

One argument I and my colleagues find particularly hard to follow is that making divorce easier inevitably leads more couples to choose to end their marriages.

Those in the know will tell you that such arguments are deeply flawed because the hardest part of any divorce – deciding that your marriage has broken down – cannot be made easier.

However unhappy someone may be with their relationship, I can hand-on-heart state that the decision to walk away from a marriage is always a heart-breaking experience – even when everyone involved has decided that it’s for the best.

The logical conclusion: that changes to the divorce process ultimately cannot make ending a marriage easier as the most painful part of doing this will remain unchanged.

  1. Happy Parents = Happy Children

As we’ve stated previously, removing blame from the divorce process ensures that the task of ending a marriage is significantly less confrontational.

This means that the parents involved are certain to find it easier to maintain a positive relationship and, as a direct result of this, provide their children with better care by working together more effectively post-divorce.

Research has now shown that it is how parents work and interact with one another following a divorce that has the most significant effect on their children.

Those that are critical of one another and that are unable to co-parent effectively make it significantly more likely that their children will be adversely affected by their divorce.

Alternatively, parents that are able to work together and maintain a positive relationship will leave their children feeling secure, loved and largely unaffected by the end of their parent’s marriage.

Conclusion

Those that argue that allowing couples to divorce without the need to apportion blame will result in more families breaking up are, whilst well-intentioned, incorrect.

Alterations to the divorce process are unlikely to affect the number of married couples that chose to separate and, even in the event that it leads to an increase in the divorce rate, this will more than likely be down to the fact that numerous people had not filed for divorce as they were unwilling or unable to use fault-based grounds.

What’s more, as these couples will have separated beforehand, it is simply untrue to state that their divorce is the reason for any estrangement that may occur as a result.

Furthermore, making the divorce process less confrontational is in the best interests of parents and their children.

It significantly reduces the potential harm divorce can cause all parties and this, coupled with the fact that it’s highly unlikely that no-fault divorce will result in more couples separating, is why I am firmly of the opinion that removing blame from the divorce process in its entirety will benefit both families and, indeed, society at large.

More articles by Jay Williams

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WHAT IS A CLEAN BREAK DIVORCE?

About Jay

Jay Williams works for Quickie Divorce, one of the UK’s largest providers of quick online divorce solutions and divorce papers, as a Case Manager. 

He helps clients understand the divorce process and complete all of their documentation, forms and much more, in order to ensure that the process runs smoothly throughout.  He lives in Cardiff with his wife and two-year-old daughter Eirys.

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Children and Divorce: How would ‘no fault’ Divorce Impact them?  

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

The myriad of media comments, articles and speculation on whether ‘no fault’ divorces will come to fruition fail to mention how one vital element – how such a long-awaited change would impact on children.

Under current laws, unless couples have been living apart for a period of time one of them must apportion some form of blame – adultery or unreasonable behaviour – which can in itself create conflict and makes reaching a mutually acceptable agreement much more difficult.

A long-standing campaign to change the current law has recently been further catapulted into the media spotlight by Tini Owens Supreme Court appeal to free her from a marriage she describes as ‘loveless and desperately unhappy’.

In our extensive experience, the present fault based divorce can result in acrimonious break ups, with antagonism very often continuing after the parties have separated and where one parent is living with a new partner.

Such friction undoubtedly impacts negatively on the children involved. Being trapped in the middle of this crossfire exacerbates what is already a stressful situation, often forcing them to develop a survival instinct and retreat into an artificial world.

We have witnessed how this sad scenario, resulting from deceit and appalling conduct, plays out irrespective of how old the children or youngsters are.

The effects of the above can be wide-ranging and long-lasting. Sons and daughters who are the only children in a separation often seek escapism in the worst kind of so-called ‘friends’ who lead them down a road which spells trouble.

Repercussions, both for single children and those with siblings, include poor education, health problems including depression and concentration issues which can result in long and short term damage and be highly detrimental to their future prospects.

Behavioural issues are also common. Many children become attention-seeking and demanding, forcing an older, or the eldest child, to take on the role of an adult and care for their siblings while their estranged parents continue to argue.

No fault divorce would make it easier for estranged couples to make their separation more harmonious – which can only be positive for the children whose interests should always be put first.

Perhaps now is the time for the law to reflect society and to acknowledge blame and resentment are negative attitudes which serve only to damage the relationship between the couple – and adversely cascade onto the children.

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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