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Understanding No-Fault Divorce in the UK Legal System

Divorce is an emotional and challenging process, and historically, it required couples in the UK to assign blame or prove wrongdoing by one party to obtain a divorce. However, significant changes were made to the legal landscape with the introduction of no-fault divorce. In this blog post, we will explore what no-fault divorce means in the UK legal system and the impact it has on separating couples.

No-Fault Divorce Explained

No-fault divorce refers to a legal process that allows couples to dissolve their marriage without assigning blame or establishing misconduct on the part of either spouse. It recognises that an irretrievable breakdown of a marriage can occur without attributing fault to one party, thereby shifting the focus from conflict to cooperation and resolution.

The Divorce, Dissolution and Separation Act 2020

To reform the outdated divorce laws, the Divorce, Dissolution and Separation Act 2020 came into effect in England and Wales on 6th April 2022. This Act introduces a no-fault divorce system, making the process smoother and less acrimonious.

Under the new law, instead of having to provide evidence of adultery, unreasonable behaviour, desertion, or separation for a specific period, couples can simply state that their marriage has irretrievably broken down. This is achieved by submitting a statement of irretrievable breakdown, either individually or jointly.

The Process

Once a statement of irretrievable breakdown is submitted, there will be a minimum timeframe of six months before the divorce can be finalised. This cooling-off period allows couples to reflect on their decision and explore the possibility of reconciliation.

During this period, couples will also have the option to file a joint application for divorce, promoting a cooperative approach. Additionally, it will be possible for one party to initiate the divorce process without the consent of the other, although this may impact the overall dynamics of the separation.

Impact and Benefits

No-fault divorce is expected to have several positive impacts on the UK legal system and separating couples. By removing the need to blame one another, it aims to reduce conflict, minimise emotional distress, and create a more amicable environment for negotiation on financial matters and child arrangements.

The new law also recognises that children often suffer the most in contentious divorce proceedings. By encouraging cooperation and constructive dialogue, no-fault divorce aims to shield children from unnecessary emotional harm and help parents focus on their well-being.

No-fault divorce marks a significant step forward in the UK legal system, offering couples a less confrontational and more constructive approach to separation. By shifting the emphasis from assigning blame to promoting cooperation, it is hoped that the process will become less adversarial, reduce emotional strain, and facilitate a more positive transition for all parties involved.

If you are looking for representation on a family or matrimonial law matter, reach out to our Family law team!

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Knowledge Sharing – Embracing Legal Technology for High-Street law firms

Luke Heydenrych – Director of Operations

As the world continues to move into an ever-evolving digital age, the integration of technology is a vital aspect of all industries, including the legal sector. Embracing new technology can be a daunting task. These are some learnings that may be of interest to others in the industry, specifically smaller, high-street firms which may be looking to integrate new technology into their business for the first time.

  1. Identify Your Firm’s Needs: Before diving into the world of legal tech, take the time to identify your firm’s specific pain points and requirements. Consider areas where technology can streamline processes, improve efficiency, and enhance client services. Is your firm struggling with document management, case management, or client communication? Understanding your needs will help you narrow down the options and make informed decisions.
  2. Research and Evaluate: Once you’ve identified your firm’s needs, conduct thorough research to explore the available legal tech solutions. Consider factors such as functionality, ease of use, compatibility with existing systems, and vendor reputation. Read reviews, seek recommendations from trusted sources, and attend legal technology conferences or seminars to stay updated on the latest trends and advancements. Remember, one size does not fit all.
  3. Start with Small Steps: When integrating new technology, it’s essential to start with small, manageable steps. Implementing a complete overhaul of your systems can be overwhelming and may disrupt day-to-day operations. Begin with a pilot project or select one area of your firm where technology can make an immediate impact. Gradual integration allows for a smoother transition and reduces resistance from staff members.
  4. Training and Education: Introducing new technology requires proper training and education for your team. Ensure that all staff members are familiar with the chosen technology and understand its benefits. Offer training sessions, workshops, or even online tutorials to help employees adapt to the new tools. Encourage open communication and address any concerns or questions raised by staff members.
  5. Data Security and Compliance: As the legal industry handles sensitive client information, data security and compliance are of paramount importance. Before implementing any technology, thoroughly assess its security features and data protection protocols. Ensure that the chosen solution complies with industry regulations, such as GDPR,  depending on your jurisdiction. Regularly update security measures and monitor potential vulnerabilities to safeguard client data.
  6. Measure Success and Adapt: After integrating legal technology, monitor its impact on your firm’s efficiency, productivity, and client satisfaction. Set specific metrics and key performance indicators (KPIs) to evaluate the effectiveness of the technology. Seek feedback from staff members and clients to gain insights into areas of improvement. If necessary, be willing to adapt and make changes to maximise the benefits of the technology.

High-street law firms can no longer afford to overlook the potential benefits of legal technology. By understanding their specific needs, conducting thorough research, starting small, providing proper training, ensuring data security, and measuring success, these firms can successfully integrate new technology into their business operations. Embracing legal tech not only enhances efficiency but also empowers firms to provide improved client services in an increasingly competitive landscape. It’s an ongoing process, so don’t think of it as a project with a start or an end, but more of a continuous part of how we do things now.

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School attendance in the heat – Our childcare team provide insight

By Sally Perrett – Solicitor | Head of Childcare Law

The UK is bracing for sweltering heat this week as the first-ever red warning for extreme heat is implemented today with temperatures expected to hit 107 (41c) in some parts of the country. It is likely to be the hottest day ever. The temperatures are not expected to be quite so high in Wales but nevertheless, an amber warning remains in place.

As with the pandemic, health chiefs fear the NHS could be overwhelmed by heat-related casualties if temperatures rise to the levels predicted.

There has been some discussion as to whether schools should remain open under the circumstances.

Schools follow the same regulations as workplaces. Under the workplace (Health and Safety Welfare) Regulations 1992, Employers have a legal obligation to ensure that the temperature in the workplace is “reasonable”. Despite the guidance under law, the government has not specified a specific temperature in the workplace which would mean employers, or in this case, pupils are sent home.

Ultimately it is up to the headteacher to decide whether the temperature in the school is suitable for teachers and pupils.

Some schools across the UK have given parents the option to keep children at home or to collect their children early, particularly on Monday. Most have chosen to remain open following practical and sensible advice. Public Health Wales has issued guidance on looking after children in extreme hot weather.

Schools are having to balance this tricky decision between the welfare of their staff and pupils, the issue of many parents, particularly key workers still having to attend work during the heatwave and the supervision of more vulnerable children during these unprecedented temperatures.

There is no hard and fast rule regarding keeping children home in these circumstances, it is ultimately down to the individual school and to the parent if they are concerned about how their child might cope with the temperature.

 

For childcare legal matters, contact our team here: https://www.cjchsolicitors.co.uk/personal-law/family-and-childcare-law/

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UK heatwave and the work environment – Our employment law team weigh in

By Max Wootton – Senior Partner

As the heat wave continues to linger across the United Kingdom, many are asking what the potential impacts are on the working environment. The Health and Safety Executive (HSE) does not provide a recommendation on the maximum workplace temperature. This is because it is difficult to set any meaningful figure at the upper end of the scale due to the high temperatures found in, for example, factories or glass works.

Factors other than air temperature can also come into play in hot working environments, including radiant temperature, air velocity and humidity. That said, if the temperature at work is uncomfortably high because of hot processes, or even building design, the employer must still take all reasonable steps to ensure that workplace temperatures are at a comfortable level.

Employers have a statutory duty under the Health and Safety at Work etc Act 1974 to ensure, so far as reasonably practicable, the health, safety and welfare of their employees at work. This means that all employers are required by law to protect their employees from harm, including harm caused by excessive or uncomfortable workplace temperatures.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a risk assessment of the risks to the health and safety of their staff and take steps to control those risks where necessary. Under the 1999 regulations, an employer must:

  • identify the possibility of illness or injury from workplace temperatures
  • decide how likely it is that someone could be harmed in this way and how seriously
  • take action to eliminate the hazard, or if this isn’t possible, control the risk.

For most businesses exposed only to seasonal risks from hot or cold temperatures, the steps that need to be taken to control these risks are fairly straightforward. In most cases, this will be less about reducing the risk of illness or injury, and more about ensuring the thermal comfort of employees at work. Thermal comfort describes how acceptable a person considers their temperature, ie; whether they feel too hot or too cold.

 

For more information or assistance with employment law and HR service matters, speak with our team: https://www.cjchsolicitors.co.uk/business-law/employment-and-hr-services/

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Getting to know Court of Protection Law – a discussion with CJCH Solicitor, Connor Hegarty

As our Court of Protection team has been nominated for the Wales Legal Awards 2022 which will take place next week.  We had a chat with Connor Hegarty, Solicitor in our Court of Protection department

What is the Court of Protection and who does it help?

The Court of Protection deals with cases concerning people who have been assessed as lacking capacity to make a specific decision.  Where a person lacks capacity, the Court can make a best interest’s decision on the individual’s behalf. These can include the most serious and life-changing decisions including where someone lives, to how they interact with wider society, to considering withdrawal of life-sustaining medical treatment or nutrition/hydration. As well as dealing with cases concerning a person’s welfare, the Court also hears challenges to an individual’s deprivation of liberty pursuant to Article 5 ECHR.

As well as resolving disputes as to what might be in someone’s best interests, the Court also deals with the appointment of Deputies and Attorneys under Lasting Powers of Attorney.

What circumstances would lead to someone being considered as ‘lacking mental capacity’?

A person is considered to lack mental capacity for a specific decision if they met the legal test set out in the MCA 2005. Put simply, this is where a person has a cognitive impairment, and due to that impairment, cannot understand relevant information for a decision, use/weigh up that information, retain it, or communicate a decision on the specific subject. Examples of a cognitive impairment could be a brain injury, dementia or related conditions, or more severe learning disabilities. Although it is a legal test, assessments for capacity are often carried out by a health or social care professional.

It is always important to remember that lacking mental capacity is always decision specific.

What are some examples of decisions made in the Court of Protection? 

The Court can make a best interests decision concerning a wide variety of areas affecting a person’s life, where there is evidence to suggest they lack the capacity to make the decision themselves, including:

  • Conducting legal proceedings
  • Where they live
  • The care they receive
  • How their property and finances are managed
  • Who they have contact with, or how contact is regulated
  • How they access the internet and social media
  • Whether they can consume alcohol or smoke
  • The medical treatment they receive, including serious medical treatment, and decisions about vaccinations
  • Management of specific or long-term health conditions, such as diabetes
  • The appointment of a Deputy or Attorney for health/welfare or property/financial affairs

What does a solicitor who specialises in Court of Protection do and when should you speak to one? 

As specialists acting in the Court of Protection, the team of solicitors at CJCH can advise you on any areas that affect capacity law or best interests. We can advise on any disputes arising on whether a person has capacity for a specific decision, how a person’s personal welfare is being managed and challenges to a deprivation of liberty. We also have extensive experience advising on capacity and best interests concerning medical treatment, including the most serious cases before the High Court.

What is a Deputy?

A Deputy is a court-appointed individual to act in a person’s place to make decisions in their best interests, where the individual has been assessed as lacking capacity. Deputies can act in two areas, for health/welfare (less common) or property/financial affairs (more common). To be appointed a Deputy, the person seeking to act in this role must make an application to the Court.

Who can become a Deputy? Are there any rules surrounding this?

A Deputy must be over the age of 18. A Deputy is typically a relative or close friend of the individual concerned, but not always. Some Local Authorities will act as a Deputy for individuals in their area. There are also “professional” Deputies who act for a fee. There can be more than one Deputy appointed.

Deputies will be bound by obligations placed on their actions by the Mental Capacity Act 2005. They must also prepare an annual report detailing how they have acted in the individual’s best interest.

What is a Lasting Power of Attorney (LPA)? 

An LPA is a legal document that lets a person provide authority to another to assist them in making decisions about their health/welfare or property/financial affairs.

A crucial distinction between Attorneys and Deputies is that the Attorney must be appointed by the individual concerned when they have capacity to do so. If a person is assessed as lacking capacity, they cannot lawfully appoint an Attorney.

Who can become an Attorney? Are there any rules surrounding this? 

Similar to Deputies, an Attorney must be over the age of 18, and is typically a relative or close friend of the individual concerned, but not always. There are also “professional” Attorneys who act for a fee. There can be more than one Attorney appointed, who can act together or separately. For example, a parent may appoint more than two children to act as Attorneys to assist with decisions on finances.

What is the Office of the Public Guardian?

The Office of the Public Guardian is the body that oversees Deputies and Attorneys in England & Wales and investigates any complaints or concerns on how they may be acting.

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Face masks to be worn indoors in public places, as per Government Guidelines

The Welsh Government have set rules in place that as of Monday 14 September 2020, appropriate face masks must be worn indoors in public places by anyone over the age of 11.

As such, all CJCH offices will be applying this rule and all visitors should ensure that they are wearing the required mask for their own safety and the safety of our staff.

Should anyone have any problems or difficulties wearing a mask into our offices, please do contact the person you are meeting with directly via phone or email, and alternative arrangement can be made to accommodate your needs.

See full details of the  Government Guidance here.

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Mental Health Awareness Week: Unlocking lockdown

By Sarah Newport

We hope that our clients and their families are all keeping safe and well during the coronavirus crisis.

Sarah Newport

The Court of Protection team here at CJCH have been busy during the lockdown, continuing to represent vulnerable individuals and their families. We have been on hand to assist in ‘unlocking the lockdown’ to guide our clients through the emergent impact of the coronavirus pandemic.

There has been guidance coming from all directions across the legal, medical, and community care professions. All of which have been insightful and helpful, but can be daunting for an individual to review and understand. Our team has been keeping on top of the guidance to break vast amounts of information down to the crucial issues for our clients.

We are proud to have supported Mental Health Awareness week, seeing the initiative remain at full strength is a pleasure. It is important now more than ever that the promotion of mental health support is as prevalent as possible.

Lockdown and the rights of the individual

We are all feeling the effects of the lockdown and the separation from loved ones. However, the coronavirus has unfortunately impacted vulnerable individuals and those lacking mental capacity to a disproportionate degree.

Our team has been keeping a keen eye on ensuring that our vulnerable clients are not being inappropriately subjected to ‘blanket policies’ in care settings, whether it be in a hospital, care home, or supported living placements.

We have taken a strong stance in reminding public bodies of their duties in taking a person-centred approach.

We have been advocating strongly for family contact to be maintained in whatever creative, but safe, way possible. We have enjoyed checking in with our lovely clients via platforms such as Skype or Zoom and we appreciate the occasional guest star when pets or children make an appearance!

Question: What can I do if I have concerns about a person who lacks mental capacity?

It cannot be emphasised enough that the protection offered by the Mental Capacity Act 2005 prevails. The principles of the legislation and the Deprivation of Liberty Safeguards (DoLs) remain unchanged during the pandemic. Groups of individuals who lack capacity cannot be treated the same, restrictions must be considered on a person by person basis.

If somebody is deprived of their liberty under a ‘DoLs’, any greater restriction during the pandemic must be lawfully authorised. The relevant public body must conduct an appropriate review.

If there is any dispute about a person’s best interests, an application to the Court of Protection remains the appropriate route to resolve this. The Court of Protection has adapted to lockdown quickly and efficiently with cases are being heard remotely every day.

If you are worried about a vulnerable person at this time, the CJCH Court of Protection team is available to assist, click here for our contact information. CJCH Here for you. 

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Lockdown Justice – Family and Children matters

By Sally Perrett

On the 23rd of March, we went into lockdown procedures for our own safety and the safety of our community, due to the Covid-19 pandemic. Now, at the end of our 8th week of “stay at home” precautions, we face a minimum of two more weeks at home, followed by a period of uncertainty as we adjust to the “new normal”.

Sally Perrett

The lockdown has not been easy for anyone, and we have seen tremendous acts of selflessness and dedication from our various key workers who have stepped up and kept our essential services functioning. Thank you to all of you.

All through this period, our clients at CJCH Solicitors have continued to need assistance in matters relating to various family and childcare scenarios.

How, for example, do separated partners with shared custody of their children make arrangements for access to their children, or seek enforcement of their rights? In a Covid-19 world, these are not easy situations and take a new way of thinking to address.

That said, we continue to be here for you, the courts are still proceeding with hearings and cases are still being resolved. Today, Sally Perrett answer some of your questions in the hopes that this assists others with their concerns, Q&A below.

Sally is a senior solicitor at CJCH, and is the head of our Childcare Law department, bringing years of specialist experience to advise her clients on these often difficult situations.

Q: Are the courts still functioning, will my legal matter be heard during lock down?

Sally Says:

The Family Courts are still operating, and so far we have seen cases already listed taking place as normal albeit ‘remotely’ by way of telephone hearing or video meeting.  New applications can still be made but may take longer to be listed as emergency applications are being prioritised.

Q: I have custody of my children and my ex would like to see them/have them visit. Can I allow this?

Sally Says:

The Government has issued specific rules on staying at home and away from others, ‘The Stay at Home Rules’. Guidance has been issued alongside these rules specifically dealing with child contact arrangements “ where parents do not live in the same household, children under 18 can be moved between their parents’ homes”.

This does not mean that children must be moved between homes. The decision whether a child is to be moved between parents and homes is ultimately a decision for the parents following a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.

Q: My ex has custody of our children and is refusing me access. What do I do?

Sally Says:

If you have a Court-Ordered Child Arrangements Order in place and a breach of the child arrangement order occurs there is the option of applying to the Court to have the order enforced, however, there is a strain on Court services currently and your application may not be dealt with urgently unless there is a child protection concern. The Court is unlikely to make an order for enforcement if it is satisfied that the parent refusing access had a reasonable reason not to adhere to the child arrangements order. 

That being said the Courts are aware that parents could potentially use the current situation to frustrate arrangements that have previously been Court ordered and it is, therefore, possible that a sanction could be issued. 

Q: I think my neighbours are abusing their child/children. What do I do?

Sally Says:

You should contact your local Children’s Services department who will investigate the situation further. You can do this by contacting your Local Authority’s general number and asking to be put forward to Children’s Services to make a referral. You will then be put through to the duty team. You can choose to remain anonymous if you wish to do so. Some Local Authorities are giving out an email address to contact so you may want to contact the NSPCC (National Society for the Prevention of Cruelty to Children) on 0808 800 500 who will make the referral to your local Children’s Services department for you. If you think it is an emergency situation and a child is at immediate physical risk, contact the police.

 

For more information, or to arrange a consultation, please contact our  Family and Childcare team. Contact information provided here.

 

 

 

 

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24 March 2020 – Update on Corona Virus status

As we posted recently the CJCH team will continue to support our clients where possible to do so, however, we have now closed our offices as per the guidelines regarding the Covid-19 (coronavirus) outbreak. Even though our offices are shut for the time being, for your health and safety and ours, we will continue to provide our services as far as possible if needed.

Our telephone lines are still open, and you can reach us at:

  1. Cardiff: 02920 483 181
  2. Barry: 01446 420 043
  3. Bridgend: 01656 457 466
  4. Blackwood: 01495 227 128

Our emergency 24-hour line: 07967 305 949

 

And you can reach our direct departments via our email contacts:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

The CJCH team will continue to help all our clients across childcare, family, mental health, court of protection, deprivation of liberties, wills and estates, property, commercial, criminal defence, and intellectual property matters wherever physically possible to do so. Please don’t hesitate to contact us.

Stay safe all – CJCH Team

Announcements

Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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