Divorce Lawyer in Worcestershire | HB 121 Solicitors

INTRODUCTION OF ‘NO FAULT’ DIVORCE

This represents the biggest change in divorce law in 50 years.

Why has it happened?

Because the current fault-based divorce system is now seen by many to exacerbate the stress and tension of an already highly stressful time.

While the wider family justice system attempts to help people to resolve issues in a non-confrontational way, the legal divorce process can make this more difficult because of the way it throws fault and blame into the mix when spouses are trying to end their relationship and make sensible living arrangements for their children.

Critically it exposes children to the damaging impact of ongoing conflict between their parents both during the divorce and afterwards. Fault, blame and having to prove two or five years separation were not seen to be helping couples move on with their lives, hence that's why they are being consigned to legal history.

CURRENT LAW AND PRACTICAL OUTLOOK

Currently, "fault-based" divorces, where there are allegations of adultery or unreasonable behaviour - can take as little as three to six months. But "no-fault" divorces can take much longer - with couples having to prove they have been living apart for at least one year in Scotland, and at least two years in the rest of the UK.

Living apart can include living in the same house, provided they are not sharing a bed or living as a couple. Sometimes this can be difficult to prove.

It is best to contact the law firm for family law advice in Kidderminster or Stourport on Severn. You may even require family dispute solicitors to advice you depending on the matter.

HOW IS THE LAW CHANGING?
(To be implemented Autumn 2021)

The new Divorce, Dissolution and Separation Bill will:

  • Remove the requirement to provide reasons or ‘facts’ to show that the relationship has irretrievably broken down
  • Introduce the option for separating couples to make a joint application for divorce
  • Remove the possibility to contest a divorce
  • Modernise terminology e.g Decree Nisi, will be changed to a ‘Conditional Order’, and Decree Absolute, will become a ‘Final Order’.
  • Introduce a minimum period of 20 weeks from the initial proceedings until a conditional order of divorce has been granted.

It is always best to speak to family court lawyers and specialist family law firm.

No-fault divorce Q & A

  • Does no-fault divorce mean we can have a “quickie divorce”? 

    No, the process involves a period of six months before you can obtain a final divorce order.

    It is not likely to be quicker than the current process (putting aside the delays in the overburdened court system).

  • Will no-fault divorce encourage more marriages to break down?

    No, why should it? Couples do not engage in divorce because of the process. They are not thinking about the legal steps when they decide to divorce. 

    All this reform does is make it less contentious and painful when they do decide that their marriage is beyond repair. 

  • Will it be cheaper to get divorced when there is no blame? 

    It makes logical sense that if your separation is less contentious, then the legal costs will be lower, but remember that there are often financial arrangements to sort out as well as dissolving the legal marriage or civil partnership. 

    With a no-blame culture in place, it is hoped that this will encourage more constructive discussions leading to better and therefore less expensive outcomes.

IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT OUR TEAM OF EXPERTS.

If you do require a Divorce or family solicitor in Kidderminster, Stourport on Severn or the Worcestershire area please contact HB 121 Solicitors.

We at HB 121 Solicitors can assist you. For further information or to talk to a speak to one of our Solicitors please contact us on 01562 702655 or on e-mail at info@hb121solicitors.co.uk

At HB 121 Solicitors, we have a team of experienced

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