LEGAL

LASTING POWER OF ATTORNEY HISTORY OF DIVORCE

When someone (the ‘donor’) makes a lasting power of attorney (LPA), they appoint one or more individuals (the ‘attorneys’) to make decisions on their behalf. Typically, only used when the donor no longer has the mental capacity to do so. Being an attorney for a family member or friend could mean making difficult decisions about that person’s finances or health and welfare. You may have to make those decisions alone or with other appointed attorneys. Before agreeing to take on lasting power of attorney responsibilities, you should think carefully about what you will be signing up for. If you do not think you have the expertise, or the time to take on the responsibilities of an attorney, you should let the donor know. This is preferable to accepting the role only to surrender it at a later date, when the donor may no longer be in a position to make other arrangements. An LPA does not give you unlimited authority to make decisions on behalf of the donor. A lasting power of attorney can be either a property and financial affairs LPA - which allows the attorney to make decisions about finances and property - or a health and welfare LPA (healthcare and personal welfare decisions). Being appointed under one type of application does not give you the authority to make decisions under the other and vice versa although you can be appointed as attorneys under both applications. You cannot act under an LPA until it has been registered with the Office of the Public Guardian. An LPA may only authorise you to act if the donor lacks the mental capacity to make the decision.If you are unsure whether the donor has capacity, you should get an expert opinion (eg from a doctor). An LPA may appoint more than one attorney. If so, the attorneys may be required to make some or all decisions together (ie unanimously) rather than independently. If you no longer wish to be an attorney, you can ‘disclaim’ the role. If the LPA has not yet been registered, you should give formal notice to the donor. If the LPA has been registered, you must contact the Office of the Public Guardian.

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With the introduction of no-fault divorce, 2022 has been a momentous year for divorce law. However, it has taken a long time to get to a point where couples can divorce without apportioning blame or waiting several years before their marriage can be dissolved. Before 1857, divorce was largely open only to men, and had to be granted by an Act of Parliament, which was hugely expensive, and therefore was also open only to the rich. The Matrimonial Causes Act of that year allowed ordinary people to divorce, but under the new law, women divorcing on the grounds of adultery not only had to prove their husbands had been unfaithful but also had to prove additional faults, which included cruelty, rape, and incest. Men just had to prove their wives had been unfaithful and in an age before smartphones, this was often a tricky task. A private members’ bill in 1923 made it easier for women to petition for divorce for adultery, but it still had to be proved. In 1937, the law was changed, and divorce was allowed on other grounds including drunkenness, insanity, and desertion. The Divorce Reform Act of 1969 brought in a big change, allowing couples to divorce after they had been separated for two years (or five years if only one of them wanted a divorce). A marriage could be ended if it had irretrievably broken down, and neither partner no longer had to prove “fault”. Although change to the divorce law had been debated for years, the arguments for and against no fault divorce came to a head in 2018, when the UK Government confirmed that divorce law would be reformed in England and Wales. So, after more than 50 years we are now in a position where a couple can divorce without unnecessary acrimony.

MADELINE RAND King Davies & Partners

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Family Solicitors

Melanie Lazarus & Co Solicitors are the only specialist Family Solicitors in Bridgend. Specialising in Divorce, Separation, Cohabitation, Civil Partnerships, Financial Disputes, Children & Pre-Nuptial Agreements Fixed Fee Initial Appointment £270 inc VAT Fixed Fee Divorce £600 inc VAT (excluding Court fee – T&C’s apply)

Your Questions Answered

Question: I have discovered that my husband is having an affair with my best friend. I want to file for Divorce and wish to go down the adultery route as I am so upset and feel most strongly that he should be blamed for the marriage breakdown. What do I do next and how much will it cost? I want him to pay for it!

Answer: I appreciate that this must be a very difficult time for you. However, as of April 2022, you are only now able to file for Divorce on a No Fault basis. Petitions for Adultery had to be filed with the Court by 31st March 2022. Some clients rushed to lodge their petitions by this date. Others chose to wait. The law changed to allow parties to file for Divorce without citing blame as of 6th April 2022. It means that there is less acrimony and hostility. Whilst this may be frustrating for you, under the new rules, you can file on the online Divorce portal and need only state that your marriage has broken down irretrievably. Your husband will not be able to defend the Divorce. If you are the Applicant filing for Divorce, you can only recover your costs if it has been agreed with your spouse that he will contribute towards those costs. You may wish to discuss this with your husband in advance of filing your application for Divorce. If he refuses, those costs will fall on you. Whilst the process is more straight forward, many of my clients feel in safer hands by instructing our firm to start the process alongside resolving their financial affairs. Our costs for dealing with the Divorce on a fixed fee basis are £600 inclusive of VAT and there is a Court fee of £593.00.

For further advice, please don’t hesitate to contact us on

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