Aroundtown Magazine May June 2022 Edition
The May June edition of South Yorkshire's FREE premier lifestyle magazine.
The May June edition of South Yorkshire's FREE premier lifestyle magazine.
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LEGAL<br />
Legal<br />
talk<br />
With Elmhirst Parker Solicitors<br />
No-fault divorce: how have things changed?<br />
Hailed as the biggest shake up<br />
in divorce law in fifty years, the<br />
new no-fault divorce system<br />
hopes to reduce conflict and<br />
costly acrimonious litigation<br />
in relationship breakdowns by<br />
taking away the blame game.<br />
The Divorce, Dissolution and Separation Act<br />
2020 came into force on 6th April <strong>2022</strong>, replacing<br />
the existing Matrimonial Causes Act 1973.<br />
Previously, divorce proceedings required one<br />
party to prove their partner was at fault through<br />
adultery, desertion or unreasonable behaviour.<br />
The only alternative was a lengthy period of<br />
separation: two years where both parties agree to<br />
divorce, or five years if one side does not consent.<br />
“<br />
It is now possible to<br />
file for divorce jointly,<br />
allowing couples<br />
to reflect a mutual<br />
agreement to part.<br />
”<br />
The new DDS Act allows married couples<br />
to issue divorce proceedings without assigning<br />
blame or proving a certain behaviour; only a<br />
statement of irretrievable breakdown will be<br />
needed for evidence. With no facts to dispute, a<br />
respondent cannot contest the decision other than<br />
for reasons such as lack of jurisdiction or invalidity<br />
of marriage.<br />
Couples must still have been married for<br />
at least 12 months and the sole grounds for<br />
divorce are that the marriage has broken down<br />
irretrievably. But it is now possible to file for<br />
divorce jointly, allowing couples to reflect a mutual<br />
agreement to part.<br />
No-fault divorces are also set to speed up<br />
40 aroundtownmagazine.co.uk<br />
the divorce process, shifting to an online service<br />
where divorce papers are sent by email. The DDS<br />
Act introduces a minimum period of six months<br />
from initiating divorce proceedings to when<br />
the final order – previously known as a decree<br />
absolute – can be granted.<br />
It is important to state that divorce proceedings<br />
only legally end the marriage. Financial matters<br />
need to be dealt with separately. A legally binding<br />
financial settlement order is needed to agree how<br />
joint assets or finances will be divided. But this<br />
can be more challenging and complicated than<br />
the divorce itself.<br />
Speaking to a family lawyer is the best way to<br />
protect yourself against making costly mistakes. If<br />
couples save money on needless legal arguments<br />
via the new no-fault divorce, this should<br />
enable both parties to have more productive<br />
conversations and make sensible arrangements<br />
about finances and children.<br />
When this involves complex financial assets,<br />
such as pensions or investments, it is more likely<br />
couples will call on specialist input. But for anyone<br />
needing to reach agreement, getting guidance in<br />
the early stages is likely to result in a faster, more<br />
cost-effective and mutually agreeable outcome.<br />
If children are involved, parents should talk to<br />
them and prepare the ground for separation, while<br />
avoiding putting children in a position where they<br />
feel they must take sides.<br />
Most parents will want to avoid subjecting their<br />
children to court proceedings at all costs. They<br />
would also prefer to see results in days rather than<br />
months, particularly amidst lengthy delays in the<br />
family court system. Alternative dispute resolution<br />
often proves more cost-effective for couples<br />
because having a fixed, shorter timeframe can<br />
keep the lid on legal fees.<br />
If suitable, mediation should be the first port of<br />
call. Talking things through calmly and openly is<br />
always best, but it may help to have someone sit<br />
in to help focus those conversations on positive<br />
negotiation. Expert input can also ensure that any<br />
agreement over assets or custody arrangements<br />
is fair for both sides.<br />
Arbitration is another alternative to court, if<br />
separating couples are unable to come to an<br />
agreement through mediation. An arbitrator is a<br />
legal professional with specialist training, who<br />
will send their decision to the court so it can be<br />
turned into a legally enforceable order. This would<br />
have the same force as an order initiated by the<br />
court but cuts out the waiting time. As a private<br />
arrangement, once a date is fixed, it will not be<br />
pushed aside by other cases with higher priorities.<br />
Whatever route is taken, seeking out the right<br />
help and support can make all the difference for<br />
couples, so they come through the divorce with a<br />
sense of a positive resolution, where everyone has<br />
an outcome that works for them and feels fair.<br />
*This is not legal advice; it is intended to provide<br />
information of general interest about current legal issues.<br />
• Residential conveyancing<br />
• Family and matrimonial<br />
• Probate and estates<br />
• Wills<br />
• Lifetime planning<br />
Speak to one of our experts on<br />
01226 282238<br />
17/19 Regent Street, Barnsley, S70 2HP<br />
(also in Royston, Selby and Sherburn-in-Elmet)<br />
www.elmhirstparker.com
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