Financial & Legal News

No Fault Divorce with Pearson’s

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On 6th April 2022 new legislation will allow for no fault divorces and bring in long awaited reforms and “shake up” an area of law that has not changed for almost 50 years.

No more contested divorce

Under the new ‘no fault divorce’ law, separating couples will no longer have to prove the irretrievable breakdown of their marriage by alleging blame, e.g. that a party has behaved unreasonably or has committed adultery.  Instead the Divorce, Dissolution and Separation Act 2020 avoids the “blame game” and therefore reduces the potential for conflict between the separating couple.  Put simply, as from 6th April 2022, if one party in a couple wants a divorce then they are no longer forced to prove a grievance or potentially even be forced to stay married if the other party does not agree with their reasons for a divorce.

The Act not only introduces a ‘no fault divorce’ but also importantly removes the ability for a party to contest a divorce.  There is no need to have concern about a party contesting a divorce and the worry has been removed that parties could be forced to go to Court over divorce; which will save them considerable time, expenditure on legal costs and stress.  There is now an introduction of joint applications where both parties can agree that the marriage has irretrievably broken down and therefore can present a joint application for divorce which will provide for a more amicable separation.

No Fault Divorce Process

There are new timescales for divorcing whereby most couples will have to wait a new minimum period of 20 weeks between starting the proceedings and applying for a Conditional Order of divorce.  There will be a 6 week period between the Conditional and Final Orders of divorce being processed and therefore a divorce in the future will take a minimum of 6 months to be finalised.  This time is intended to be a period of reflection for both parties to be absolutely certain that they truly want to separate.  During this period of reflection, a couple can then concentrate their minds on dividing up their property and finances, sorting out child arrangements, considering maintenance arrangements and the division of any pension pots.

Karen Kenyon, a Divorce and Family Law solicitor, is of the view that “a change in the divorce law is long overdue, as the current law is outdated and has had a tendency to potentially increase animosity and acrimony in already difficult circumstances.  In this day and age, it is unfair that a couple is forced to stay together even if they have tried to make their marriage work but have been unsuccessful”.

Archaic language is being removed from the divorce process so in the future, a Decree Nisi would become a Conditional Order and a Decree Absolute will become a Final Order.

Our trusted and experienced team of ‘no fault divorce’ solicitors will guide you through the new divorce law process and provide you with support and empathy every step of the way.

The Cost of No Fault Divorce

Pearson Solicitors offer a competitively priced fixed fee divorce starting at just £300.00 plus VAT plus the Court issue fee (with potential eligibility for fee exemptions for clients on low income).

There is now going to be a more accessible system which to a large extent will reduce the pain of a divorce and will enable individuals feeling trapped in an unhappy and potentially abusive relationship to terminate their marriage and move on more easily in a less acrimonious manner.

However, there can be two very important aspects to divorcing – children and finances so it’s imperative to seek legal representation as there is a real risk that one party will lose out and this is where our experts really do come into play. We quote separately on children and financial matters as this is dependent on individual circumstances.

For advice on all aspects of family law please do not hesitate to contact our family law solicitors on 0161 785 3500 or email family@pearsonlegal.co.uk.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

Written by Karen Kenyon

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