LEGAL

CHANGES TO HOW YOU DIVORCE HOW TO PREPARE FOR A SEPARATION

On 6 April this year The Divorce, Dissolution and Separation Act 2020 reformed the legal requirements and process for divorce. The new laws will mean that instead of having to attribute blame to one party, a couple can mutually cite ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce, or ‘No-Fault’ divorce as many refer to it. This can be done in a joint statement or by an individual. The act aims to reduce the potential for conflict amongst divorcing couples by: - removing the ability to make allegations about the conduct of a spouse - allowing couples to end their marriage jointly The divorce application can be made online, meaning the postal delays can be avoided. The new digital service was launched in April 2022. There will be no requirement for the respondent to defend or to cross apply for a divorce which should benefit people who were victims of domestic abuse and controlling behaviour from being trapped by their abusive spouses who could delay or contest the petition previously it entirely. The new changes will also stop one partner contesting the divorce, dissolution or separation if the other wants one. This could help victims of domestic abuse as previously their abusers were able to exercise coercive control over them by stopping it. Though it’s worth pointing out that under the new law, divorce can still be challenged on the basis of jurisdiction, the legal validity of the marriage, fraud or coercion and procedural compliance. The act also introduces a minimum period of 20 weeks between the start of proceedings and application for final order. This provides couples with a meaningful period of reflection and the chance to reconsider. Where divorce is inevitable, it enables couples to cooperate and plan for the future, but arguable some couples feel this delays the process somewhat. A change in divorce law has been long-awaited by many lawyers who consider the current laws to be outdated, and often increased animosity and acrimony in already difficult circumstances. 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. Despite the landmark change to English and Welsh divorce law, the law in respect of financial provision on divorce will remain the same.

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Richard Deere House, 46C John Street, Porthcawl CF36 3BD Tel: 01656 788823 Fax: 01656 786781 Email: porthcawl@whittinghams.co.uk Web: www.whittinghams.co.uk For family lawyers, the New Year is a busy time with more people seeking advice on issues arising from the breakdown of their relationship. It may be that a couple has decided to remain together for one last Christmas for the sake of the children, only to find that the plan hasn’t worked out. Or it may be an individual who, having separated from their partner some time previously, wants to deal with matters in the New Year, as part of a resolution to get their affairs in order. There is never an ideal time to broach the subject of separating from your partner, but if you have called an end to your relationship, there are a number of things that you can do in preparation for your first appointment with a solicitor. Firstly, gather together your bank statements and credit card bills, obtain an up to date mortgage redemption statement and ask an estate agent to assess the value of your house. On a practical note, you should obtain details of your eligibility for tax credits and child benefit. The Child Maintenance Service has a helpful online assessment tool to help you work out how much you will receive or pay for your children. This information will give you an idea of the income you are likely to have from all sources and then you can work out your budget going forward. Then you could consider whether you want to attempt mediation in trying to work out arrangements for the children or to settle finances. Mediation is a sensible way to try and resolve these issues without resorting to the court. The above will stand you in better stead when you first see your lawyer and will enable your lawyer to progress your case more quickly.

MADELINE RAND Red Kite Law LLP

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