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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To reform the outdated divorce laws, the Divorce, Dissolution and Separation Act 2020 came into effect in England and Wales on 6th April 2022.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!

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.

 

 

 

 

No Fault Divorce – 6 Things You Need to Know

The government plans to change the law surrounding divorce to remove the concept of fault.  According to the Justice Secretary, this proposed reform will come into force ‘as soon as parliamentary time allows.’ Our specialist Family & Matrimonial solicitor, Sarah Perkins sat down to discuss the proposed changes in the law. Here are 6 things you need to know about no fault divorce.

What is the current process for divorcing or ending a civil partnership in England and Wales?

Under the existing Matrimonial Causes Act 1973, an applicant must prove to the Court that their marriage has irretrievably broken down.  This is based on one of the following criteria, that the other party:

 

  1. Engaged in Unreasonable Behaviour
  2. Committed Adultery
  3. Deserted (one party has deserted for two years or more without explanation)
    Or:
  4. Two years separation with the consent of the other party
  5. Five years separation with no requirement of consent

Therefore, unless a couple has been separated for at least two years, one person must blame the other and prove fault either by way of examples of their unreasonable behaviour or adultery which must either be admitted by the other party or proved.

As a result, respondents to a divorce often contest proceedings which results in increased conflict and expense.

How is the law set to change regarding no-fault divorce?

No-fault divorce will remove the old five criteria set out above. They will be replaced with a requirement of notification to the court, a statement of irretrievable breakdown.

Furthermore, the government plans to:

  • Allow couples to give notice and apply jointly
  • Remove the ability for one party to contest the divorce
  • Introduce a minimum time frame of six months from Petition to Decree
  • Absolute to allow time to reflect on the decision to divorce and access any support such as counselling or mediation
  • Retain the ban on applications in the first year or marriage
How will the new law impact the family law landscape?

The aim of the new law is to remove the element of blame, reduce conflict and hostility between parties and simplify the process.  This enables parties to concentrate on the children and financial matters arising from divorce and protect any children of the family from ongoing parental conflict.

The new law could see a rise in the number of divorce applications as parties will no longer have to wait for a period of two years if they wish to divorce without blame being apportioned to one party.

Depending on the simplicity of the finalised process, there may be an increase of couples divorcing without guidance from Family Law practitioners. However, independent legal advice should still be sought in relation to children and financial matters which would not be affected by the new legislation.

How will the change in law affect clients and the process of divorce?

The proposed change in the law will allow clients to apply for a divorce without blaming one party, without having to wait for a period of two years or more. Consequently, it will allow couples to apply jointly and remove the ability for one person to contest a divorce.

The proposed plan is to introduce a minimum time frame of six months from petition to decree absolute.  This allows time for both parties to reflect on the application and access any support such as counselling or mediation.

Will people currently going through a divorce be impacted by the change in the law?

The law is not in force yet – it will only apply to divorces applied for after the date of the legislation

How can a solicitor help you know where you stand if your relationship breaks down?

A Solicitor can advise you of all your options following relationship breakdown including separation agreements, judicial separation or divorce and help you decide which is the right option for you.

Furthermore, solicitors can also advise and assist in making child arrangements and advise in relation to all financial issues arising from your separation including what to do with the family home, dividing any assets from the relationship, looking at income and pensions to ensure that you and any children of the family are fairly provided for.

How can we help?

Speak to a member of our dynamic team in Family, Matrimonial and Childcare Law who will use their extensive knowledge and experience to support you.

Get in touch via:

Telephone: 0333 231 6405

Emergency Telephone: 07967 305949

Email: family@cjch.co.uk

Misconceptions we hear about Divorce

Much like politics, the topic of divorce is often widely discussed but not always fully understood. As specialists in family law, the CJCH team of expert solicitors are often faced with the many myths and misconceptions surrounding matters of relationship breakdown and divorce. Jodi Winter (Family Law Partner) and Sarah Perkins (Family Law Solicitor) address some of the common issues raised by new clients, who might have benefited from seeking assistance sooner, if they had the correct information.

Jodi Winter: People sometimes assume that what they see on TV or in the news is how things actually work. It is important to note that media representations are often dramatised. For example, there is no such thing as a “quickie” separation or divorce. In non-contentious divorces, the judge’s ruling and the Court process might be concluded quickly, but there is a requirement for specific criteria and processes to be satisfied and completed before it gets to that point. On the other hand, some people assume a divorce will take years and be ridiculously expensive so are put off starting the process. A divorce could be processed in as little as 4 months, but it will often take far longer to negotiate, agree and conclude the financial settlements. You need to consider a divorce from two perspectives, the first being the legal attachment to one another, and the second being the financial attachment.

 

Sarah Perkins: Aside from the timeline, there are other questions raised which can be misunderstood. Who gets the house? Who gets the kids? What if my spouse won’t agree to a divorce? Can’t we just list irreconcilable difference as our reason? The short answer to these questions are that they are case specific. The best way to ensure you have the correct information is to seek advice at the earliest opportunity and give your solicitor all the information they need.  You will then receive expert advice on your own particular circumstances.  The notion of irreconcilable differences (i.e. no-fault) is not currently a part of the law in England and Wales. You would need to show that your relationships have irretrievably broken down, with specific facts of proving such.

 

Jodi Winter: The financial aspects of the matter are what often take the most time to negotiate, which is often why it is best to get advice on a pre-nuptial agreement before you get married. Again, pre-nuptial agreements can be misconstrued but they provide a fair and considered starting point which is often upheld by the court if constructed properly. The same goes for agreeing child contact once the divorce is underway. Address the matter as early as possible and come to an agreement that you are both happy with, otherwise the court will decide for you.

The CJCH Solicitors Family Law team specialise in supporting and navigating the difficult situations that arise at the end of a relationship. You’re not alone, Jodi and Sarah are here for you. For more information and contact, please see here.