Divorce

We're Here for You

If relationship problems happen, you will need a caring lawyer providing accurate and realistic advice with cost-effective solutions. Listening, understanding, keeping an open mind, and delivering practical solutions are our strengths. We aim to conclude matters through conciliation and negotiation and are committed to giving the best quality service to obtain the best results for our clients. All matters are dealt with by specialists working with financial discipline and drive. When you need the best divorce advice, we are available by email, telephone or personal appointment.

No-Fault Divorce

On 6 April there was the introduction of a very significant change to English divorce law namely the no-fault divorce. The new system reflects what most people would think as fair, namely that if one spouse thinks the marriage has irretrievably broken down, that should be enough for a divorce.

It is not a “quick and easy” no-fault divorce because it actually can take longer than the previous system. “Cooling off” periods totalling 26 weeks mean that if a divorce petition was filed in April 2022, the final Order will not be received until October at the earliest. This assumes that the new online system copes with the demand and consistently works well. In reality very few new online only systems achieve that degree of excellence.

Section 10(2) of the Matrimonial Causes Act 1973 has been widened and, as Respondents can only contest a divorce application in very limited circumstances, this gives the Respondents who want to delay a divorce or cause difficulty for their spouse an opportunity to do so. An Applicant can obtain a Conditional Order (formerly a Decree Nisi) regardless of objections from the other spouse but Respondents have the scope to block a final Order now more easily than they could previously block a Decree Absolute under the old system.

There are still a number of technical matters requiring compliance, eg Divorce Applications must be served within 28 days of issue and if not the Applicant must apply to the Court to extend time for service. Special rules apply if the other spouse lives outside England and Wales.

The Court fee has been increased to £593 for unclear reasons. If one has to make an Application under Section 10(2) or to apply for further time for service, there are further Court fees to pay which was never the case under the old system. Also the new system does not allow couples applying jointly to divide the Court fees between them. One would always be the Applicant and so paying and the other would always be the Respondent. Therefore, couples who are applying jointly online for themselves will have to make their own private arrangements for the Respondent to reimburse a share to the Applicant.

The new system is designed to make divorce much easier and an individual can apply or a couple can make a joint Application. However, it does not ease what can often be major issues, namely resolving finances and any issues which arise with respect to children.

The law on both finances and children is complex and expert guidance from an experienced family lawyer should be sought to achieve a just and fair outcome in financial matters and to ensure the arrangements for a child are truly in the best interests of that child. It could be a massive mistake for a divorcing couple to try to do these things without legal guidance. Very often, taking legal advice about what the issues are and what would be a sensible and just conclusion would be money well spent. Therefore, even if a couple decide to do their own divorce online, there are serious issues that they also need to address and for many people to do so without the help of a fully experienced and knowledgeable family lawyer could be a large and costly mistake.