A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...
Is it really possible to ever have a ‘good divorce’ under the context of neither party being at fault?
Following the introduction of the No Fault Divorce on 6th April, the Courts saw an influx of petitions from couples looking to avoid the blame game. 3,000 applications were filed in the week of the reforms - a 50% increase on the weekly average.
Removing the unnecessary conflict that was being created at the outset of a divorce/dissolution, has been a welcomed change, increasing the possibility of a good divorce.
Now well into the new system, and with couples separating amicably, the focus is now on other important issues such as children and the division of assets by coming to an effective agreement out of Court. This has allowed couples to have greater control over the decisions being made and to maintain a positive co-parenting relationship in cases where there are children.
What are the other key changes under the No-Fault Divorce system?
Defended Divorce
You cannot contest the divorce/dissolution unless on the basis of jurisdiction or the validity of the marriage/civil partnership – as a result far less cases now are actually ‘in’ Court.
Applicants can apply jointly
Applications can be made either jointly or as a sole applicant.
Depending on what stage the proceedings are, you can covert a joint application to a sole application but a sole application cannot be converted to a joint application.
We would always recommend talking through the options with a specialist family lawyer prior to issuing an application to ensure the appropriate route is taken for you particular case.
Reflecting Period
It will take a minimum of 6 months from start to finish – there is minimum 20 week period from the date the application is issued before the Court can consider granting the Conditional Order.
This window is to allow parties to reflect on the decision to proceed with a divorce/dissolution but also to try and resolve any outstanding finance and children issues.
The 6 week wait from the granting of the Conditional Order and the Final Order is still in place.
Whilst every case is unique, we do what we can to ensure our clients have a ‘good divorce’. Our team of expert family/divorce lawyers can help achieve constructive resolutions to all matters in connection with divorce, civil partnership, dissolution and separation.
Having specialist legal support when negotiating a financial settlement and arrangements for children is crucial as these can be complicated and the end result can have long-standing implications for the family.
For further advice on no fault divorce and associated procedural changes or any other family matter please contact one of our expert divorce and finance solicitors, namely David Milburn, Meg Moss or Satya Bagga.