It has been confirmed that married couples wishing to divorce will be allowed to do so without assigning blame, from 6th April 2022 – when the Divorce, Dissolution and Separation Act 2020 comes into force.

Ministers have confirmed the date of 6th April next year as the day the divorce process update will begin.

No Fault Divorce

Originally, the start date for the so-called no-fault divorce was Spring 2020 but the delay was necessary to allow for the IT changes to be made to HM Courts and Tribunals’ Service (HMCTS) online divorce systems.

This new aspect to divorce law follows 30 years of campaigning for this change and it is hoped the divorce process will be less damaging as a result.

What Is No Fault Divorce?

Thanks to the Act, couples will be able to divorce more amicably and without the need to apportion blame on one party.

Partners will be allowed to petition for a divorce jointly on the basis that the marriage has broken down rather than having to state a specific reason for the divorce.

Current Divorce Law

At the moment, couples have to state one of five grounds for divorce, which are:

• Adultery
• Unreasonable behaviour
• Desertion
• 2 years separation with consent
• 5 years separation without consent

A Welcome Change To Divorce Law

The no-fault divorce means couples can divorce in a more civilised way than currently allowed, which is particularly beneficial for the welfare of any children who are involved.

There should be a big change in how divorce is viewed as there will no longer be the need to state that one party has behaved unreasonably during the marriage and this is the reason for wanting a divorce.

No-fault divorce also removes the option to contest a divorce and enables couples to make a joint application for divorce. However, there is a minimum timeframe for no-fault divorce which removes the option of a quick divorce which many thought would be available still.

The changes will also apply to the ending of civil partnerships.

The no-fault divorce is undoubtedly a positive and modern step for divorce law and the divorce process for divorcing couples.

How We Can Help You With No Fault Divorce

Our family solicitors have the experience and sensitive approach to help individuals through the often-difficult process of divorce, using their understanding and knowledge of the law and individual client circumstances to make the process as straightforward and stress-free as possible.

We are here to help you at every step and provide a free initial consultation to discuss your ideal outcomes from a divorce – whether you choose to divorce under current divorce law or to do so after 6th April when you can apply for a no-fault divorce.

To speak to one of our specialist solicitors for advice or to find out more about no-fault divorce, contact us on 01244 311 633 or email advice@bartletts.co.uk

To avoid going to court, a divorcing couple will need to agree arrangements for looking after their children, particularly where they will live, how much time they will spend with each parent and how they will be financially supported. Child maintenance payments will need to be settled, either via a private agreement between the divorcing couple or through the government’s Child Maintenance Service scheme.

Mediation can help a divorcing couple agree child arrangements, while a written Parenting Plan can help parents clarify how their children are going to be cared for after the separation, as well as require that the best interests of the children are always put first.

Once child arrangements are agreed, a solicitor can help make the agreement legally binding by drafting a consent order, which must be signed by both parties and approved by the court. To get a consent order approved, a C100 court form will need to be completed (a solicitor can help with this) and submitted along with the draft consent order. The court fee is £215, and the consent order will normally be approved by a judge without a court hearing if they think decisions have been made in the children’s best interest.

Find out more about child arrangements following a divorce and the overall divorce process from our expert divorce solicitors in Liverpool City Centre:

https://www.bartletts.co.uk/legal/divorce-solicitors-in-liverpool-city-centre/

Mediation can help a divorcing couple reach a financial settlement and divide up assets in a neutral and impartial manner. Assets may include savings, investments, property and pensions (maintenance payments can also be agreed during mediation). The services of a mediator can be significantly cheaper and faster in terms of reaching an agreement than asking a judge to decide the matter in court.

The first step is to attend a mediation information assessment meeting (MIAM) costing around £30. The mediator will decide whether mediation is right for the divorcing couple, and if so, will attempt to help the couple reach an agreement during further mediation sessions (these will cost more and fees vary depending on location).

Successful mediation will produce a document showing what has been agreed, and while this agreement is not legally binding, a consent order approved by the court will make it so. A solicitor can help draft a consent order, which is a legal document confirming what was agreed during mediation. The court fee is £50, and a judge will approve the consent order and make it legally binding, usually without the need for a court hearing, if they believe it is fair.

Find out more about mediation and the divorce process from our expert

https://www.bartletts.co.uk/legal/divorce-solicitors-in-liverpool-city-centre/

Do you have to have a solicitor to get divorced? No. Do you need a solicitor? Absolutely Yes.

We believe that a solicitor’s advice and services offer huge benefits. Divorce is a process with many forms to fill out and many potential triggers for arguments. It is an emotionally-charged time, and an experienced solicitor can take much of the ‘heat’ out of the situation by avoiding or minimizing arguments which will lead to further estrangement between the divorcing couple.

One of the main goals of a successful divorce, especially when there are children involved, is to lay the foundations for a ‘professional’ relationship between the divorcing parties. The primary consideration in building such a relationship is obviously the good of the children.

Secondary to the welfare of children is, of course, a fair and equitable financial settlement. Each party’s needs must be met, and these negotiations should be carried out by solicitors for two main reasons. Firstly, each party will receive a settlement which is more likely to be seen as ‘fair’. If both parties feel that a settlement is fair they have a better chance of building a constructive relationship in the future. Secondly, if solicitors are negotiating and a judge perhaps ends up making the final decision, the argument is taken out of the hands of the divorcing couple altogether.

This offers a number of advantages. You do not need to worry because you have a solicitor with expertise and experience who will obtain the best result the system can offer. So you can disengage and de-stress to some extent. It also depersonalizes the whole experience. As a client of a reputable law firm, you may no longer be seen as the ‘enemy’. This is obviously particularly important when there are children involved.

https://www.bartletts.co.uk/legal/divorce-solicitors-in-liverpool-city-centre/

outline the main steps in a divorce, starting with mediation – the guided, cheapest and most sensible option. Failing that, we talk you through the ‘process’ and what is involved.