The End of The Blame Game!11 Apr 2022 | Joanne Wescott
No-fault divorce will make divorce more amicable
The divorce ‘blame game’ has been consigned to history and the long-awaited reforms to divorce law in England and Wales have arrived. Couples who have been planning to divorce can now rely on no-fault divorce to end their marriage without having to attribute blame.
The specialist team of divorce lawyers at Osbornes Law are experienced in supporting clients, both in London and the surrounding regions, to achieve a smooth, animosity-free divorce. If you or your spouse is domiciled here, the new law smooths the path to a non-confrontational and efficient divorce. Click here for more information about divorce.
Most couples want to divorce amicably so that they can get on with their lives. It makes an emotionally and financially challenging process quicker and less stressful if conflict can be minimised – or completely removed.
The key intention behind no-fault divorce is to remove the concept of ‘blame’ and allow the spouses simply to provide a legal statement that the marriage has irretrievably broken down.
No longer does the petitioner have to rely on the fact of adultery, unreasonable behaviour or desertion to persuade the court to grant them a divorce – deeply personal facts no longer need to be disclosed.
You also no longer need to wait until you have been separated for 2 years before you can divorce.
The new process allows the parties to focus their energies on addressing financial matters; and child arrangement orders. This will mean that couples should find it easier and quicker to reach an amicable financial settlement and agree living arrangements for the children: it’s a win-win for all.
Even if your ex wants to contest the divorce, the new process removes that option – which does away with the worry of potentially being forced to go to court to finalise the divorce.
Your ex may not be happy about it, but the new framework prescribes a 20-week period before you can obtain a conditional order of divorce (previously the ‘decree nisi’). This offers both parties an important time of reflection (or even the chance of potential reconciliation) which should help reduce any resistance or conflict.
You can even make a joint application for a divorce where you’ve both come to the conclusion that the marriage has ended and it’s not salvageable. This option may appear unnecessary, but we can see how the very fact of both parties jointly agreeing the marriage has broken down places the couple on an even keel from the start.
How can Osbornes Law help?
You may be wondering if you really need a specialist lawyer if the new divorce law will make it easier. However, the reforms have no impact on how financial and children matters are dealt with – and these issues still need to be negotiated and settled before the divorce is finalised.
The timing of applying for your divorce can also have financial implications, for instance, if you are considering an asset transfer between you, there could be tax consequences to consider.
We can advise you on the optimum time to make your divorce application, to lessen the stress of having to negotiate financial matters within a short timescale in order to beat a tax deadline. This in itself can trigger conflict – which we seek to avoid on behalf of our clients.
Joanne Wescott is a partner and senior divorce lawyer at Osbornes Law. To find out whether a no-fault divorce is right for you and your family, contact Joanne who will be happy to help. Joanne will talk you through the process and let you know how any financial negotiations and children arrangements work into the timeframe.
Joanne is recommended by Legal 500 as a leading lawyer in London and specialises in divorce matters.
Joanne recently spoke to Solicitors Journal with regards to no-fault divorce. The full article can be found here.
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