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No-Fault Divorce – Good and Bad?

No-Fault Divorce – Good and Bad?

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We are now a month on since no-fault divorce was implemented on the 6 April.  As anticipated, there was a spike in divorce cases being issued on or around that date, largely because the court created a backlog by restricting access to their systems in the lead up but also because many couples have been led to believe that this process now makes it easier to get a divorce.

In response to the question of whether no-fault divorce is good or bad, the feeling amongst family practitioners is that it presents a long overdue change in divorce legislation. The removal of the requirement to allocate blame for couples who had not been separated 2 years or more has to be a positive step in encouraging amicable separations.  However, a developing concern is that there is a misconception that divorce has been made easier.  The ability to apply for a divorce without allocating blame and use of the simplified online system is undoubtedly easier.  What has not changed is the process by which the parties should be resolving their financial matters.  Just because the ability to allocate blame has been taken away, it seems to be providing a suggestion that all elements of divorce are now straightforward.  This is certainly not the case and any media attention which has operated to encourage otherwise, could be potentially damaging for many couples.

It is fundamentally important that even if you are committed to resolving your divorce and the associated finances in an amicable manner, you must always seek legal advice to ensure that the decisions you are making and the steps being taken do not prejudice you in the event that matters unravel at a later stage.  Most good solicitors will offer you a fixed cost initial appointment and I would suggest that this would be money extremely well spent to avoid having to engage solicitors at a later stage which can often be more costly and may be too late.  There is no avoiding the fact that engaging lawyers is expensive but when dealing with hundreds of thousands and for a large percentage of our clients, millions, this is not area where you should cut costs. So many couples take advice too late and we would advocate against this. Divorce has caught up with modern day but it is a small element of a complicated legal process.

Speak to our Family Law Experts

Should you wish to discuss anything regarding the divorce process, children, the marital finances or separation if unmarried then please contact Jolene Hutchison or another member of the family team at IBB.

To contact the team please email familylaw@ibblaw.co.uk or call 03456 381 381.