Associate solicitor Rebecca Ledgerwood, in our Family Law team, discusses ‘No Fault Divorce’ 12 months on.
With the start of April fast approaching, it is hard to believe that it has been nearly a whole year since the new legislation governing No Fault Divorce came in to force.
The new legislation removed the need to rely on one of five facts to evidence that a marriage had broken down irretrievably and now spouses need only confirm to the Court that the marriage has broken down irretrievably. A further change provided for applications to be made either on a sole basis or jointly giving spouses the opportunity to make a joint decision.
So, what impact has it made? From my own experience I can confirm that over the past 11 months I have spent far less time having to discuss, both with clients and solicitors acting for the other spouse, the particulars of a petition and the facts relied upon and negotiate the drafting of the same. This reduction in hostile language and evidencing wrongdoing has helped ensure that the process of the divorce suit and resolving the matrimonial finances starts off on a more positive and constructive footing. A direct consequence of this is that my clients have saved on legal costs in this area.
One of the downsides of the new process has to be the timescales involved. Whilst the introduction of the mandatory portal has improved the efficiency of the process, a divorce suit will still take a minimum of 26 weeks from application to Final Order owing to the statutory waiting periods. In my experience, even in collaborative matters where steps to progress the divorce suit are taken promptly and the couple have agreed the financial settlement in advance, it is still taking between 7 and 8 months to conclude matters.
On balance, the new legislation has been successful I sincerely hope that in the years to come the legislation continues to benefit separating couples.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
