9 minute read
LETTER OF THE LAW
by Dales Life
Parting of the ways
We talk to Tanya Bloomfield of Clark Willis Solicitors about no-fault divorce
Tanya Bloomfield joined Clark Willis in 2006 and is now head of the firm’s Family Team. She specialises in all areas of family work including divorce, finance and issues relating to children. Tanya is a qualified mediator and collaborative practitioner, and a member of the Law Society Children Panel. “This April there was a major change to the UK’s divorce laws,” says Tanya, “the first since the 1970s. It’s a welcome change, and one that Resolution – the body that represents family lawyers – has been advocating for years. The aim was to make the process of divorce easier and less acrimonious.
“Previously someone seeking a divorce had to convince the Court that the marriage had irretrievably broken down, citing one of five grounds: adultery; unreasonable behaviour; desertion; two years’ separation if their spouse agreed to a divorce, or five years’ separation if their spouse wouldn’t agree.” “The problem was that anyone who wanted a divorce but who didn’t want to wait for two years was forced to play the ‘blame game’ and try to prove fault against their spouse – something that could easily create needless friction and bad feelings, even in cases where the separating couple were hoping to part on amicable terms.
“Since April, all that the person who wants to initiate a divorce has to do is submit an application stating that the marriage has broken down. Also, separating couples can now apply for divorce jointly.
“What’s more, it’s now very difficult to contest a divorce. If one spouse wants a divorce and the other doesn’t, their spouse can no longer object because they don’t agree. However, the new Act has introduced a minimum period of 20 weeks between the start of proceedings and application for a conditional order, the idea being that this is a ‘cooling off’ period during which couples can reflect on their situation and sort out the practical arrangements.
“Even so, the new system is potentially a lot quicker and more effective than it was previously. Applications are paperless via the Government’s online portal.”
“Of course it has to be remembered that there will still be important issues to resolve. By removing one unnecessary battleground, the new system enables separating couples to focus on the other issues – property, finances, children – that need to be dealt with.
“Here at Clark Willis, our starting point is always an initial appointment to help us understand our clients’ circumstances: every case is different, and no one size fits all. Getting advice at an early stage doesn’t mean you have to do anything, but it will help you know where you stand.
“What qualities does a good family lawyer need? One of the most important things is that you’ve got to be empathetic – you simply can’t do this job without having a heart. You need to be able to build a good rapport with people in what could be one of the worst periods in their lives.
“Solicitors are very different nowadays, even compared to when I first started. Family law is as much about helping people as about dealing with the legal details.” “There’s no point bombarding people with information – information that they may be too upset to take in – when actually what they need is reassurance. It’s certainly not a job that suits everybody.”
“On a personal level, I would say that as a family lawyer you need a certain element of resilience. It’s emotionally involving and it’s hard work. And it’s certainly not a question of sitting in the office from nine-to-five – you keep going until you get the job done.” Clark Willis Solicitors have offices in Darlington and Northallerton. For more details visit clarkwillis.com or call 01325 281111.
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Our regular round-up of beautiful properties for sale in Yorkshire.
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