For further information about no fault divorce, or assistance with another family law related matter, or to enquire about family mediation, please contact Sarah French, Family Law Solicitor, Law Society Accredited Mediator and Collaborative Lawyer at Godwins Solicitors LLP, on 01962 841484 and see https://www.godwins-law.co.uk/our-people/sarah-french.html
Over the years working as a family law solicitor and family mediator, I have seen many clients and couples come to blows over who will divorce who, and the reasons for the divorce. This has set an acrimonious tone from the outset, causing much damage and harm to the couple and their wider family, in particular any children. It has also meant that the ability and opportunity to deal with their financial matters and the arrangements for any children amicably and constructively have significantly diminished.
Happily, this potential stumbling block and “battleground” has now fallen away with the implementation of the Divorce, Dissolution and Separation Act 2020. This came into effect on 6th April 2022. This change to a no-fault divorce system heralds the biggest change in divorce law in the last 49 years.
No longer does a reason need to be given to divorce, such as adultery or unreasonable behaviour. Gone are the days of needing to blame one person for the breakdown of the marriage. No minimum periods of separation are needed now for a more amicable divorce. You only need to state that the marriage, or civil partnership, has irretrievably broken down.
Like many family law solicitors and mediators, I have always encouraged my clients to keep any allegations of unreasonable behaviour, for example, as benign as possible to try to keep alive the opportunity to resolve matters constructively and to preserve, if applicable, a good ongoing co-parenting relationship. This was always somewhat of a fine line, however, as the legal requirements under the old divorce law also needed to be satisfied. This is a tightrope couples and family lawyers will no longer have to walk.
Dealing with the fall-out of a marriage breakdown constructively for the couple and the wider family is so important on so many levels, not least the emotional and mental well-being of all affected. Whilst it is not terribly romantic, having a pre-nuptial or post-nuptial agreement can help avoid arguments over money, properties, pets and so on upon a break-up. Likewise, unmarried couples can put in place a living together agreement, also called a cohabitation contract, to achieve the same benefit. Such nuptial and living together agreements can also give financial protection, for example in relation to inherited wealth or business assets.
Sarah French’s business Facebook page also has more information on her practice – https://www.facebook.com/profile.php?id=100080020827384
Godwins Solicitors LLP is a member of Purple Kaboodle – https://www.purplekaboodle.co.uk/company/godwins-solicitors/
