Divorce & Separation

NO FAULT DIVORCE 

When deciding that a marriage is over, either individually or as a couple, until recently, it was a fault-based system and this had existed for over 50 years, having first been enacted in the 1960s. The old regime was based on either adultery, unreasonable behaviour, 2 years’ separation or 5 years’ separation. The courts and the government have made a legislative change – the first in over 50 years – the introduction of the Divorce, Dissolution and Separation Act 2020 (often referred to as “No Fault Divorce”), which received royal assent in June 2020 and the relevant parts came into force on 6th April 2022,. Now the process is much simpler. It is simply one party or a couple together who confirm that the marriage is beyond repair. This removes the need to evidence any fault in the other spouse, thereby removing any conflict, although in very limited circumstances it can be disputed. The Act reduces a minimum 26-week timeframe for the completion of divorce proceedings. The Conditional Decree is granted in 20 weeks and the Final Decree is granted 6 weeks after that. This means that the whole process can take as little as 6 months. If there are Financial Orders required, then the divorce may take a little longer. However, it is hoped that the new no fault law will allow a smoother transition for couples and alleviate any negative impact on children.

SL & Co Solicitors Ltd is a commercial and family law practice offering a comprehensive range of legal services to individuals, business and commercial clients. We are in a strong position to be able to handle matrimonial issues, having specialists in family law. We recognise early on that our clients have personal as well as business needs. We fully understand that all too often little regard is given to the fact that domestic upheaval can have an adverse effect on individuals and businesses to the detriment of the individual and family as a whole.

The process of divorce is now hopefully simplified, however the financial matters will need to be carefully dealt with and, as such, we aim to achieve a resolution to protect your interests. There are two main aspects of a divorce – namely, the divorce itself and the financial settlement. We will provide advice and representation to guide you through the process from Application to the Final Order and beyond.

Where you cannot agree terms as to how the matrimonial assets and debts are to be divided, we will help you negotiate a settlement that is in your best interests. We can complete all the necessary paperwork for you and guide you through the court process at each stage. We can help shorten the process through discussion and negotiation, always ensuring that what is achieved is the best possible result.

We also specialise in all other aspects of family law including financial arrangements, contact issues, residence, co-habitees (TOLATA).  We have innovative solutions, which protect and safeguard clients’ best interests and long-term objectives.

For further advice on Divorce or Separation, or to discuss your case, please contact Angela Brown through our confidential online enquiry form or telephone 01564 777250