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NO FAULT DIVORCE AND REFORMS OF FINANCIAL SETTLEMENTS
by Chris Sweetman and Peter Marples of Fair Result , a team of specialist divorce lawyers offering a new approach to achieve a fairer result for clients .
The long-awaited Act for “ no fault ” divorce was passed in June 2020 . It is now due to become law on 6 April 2022 .
This takes away all elements of blame in divorce which have previously caused so much polarisation between couples and often children becoming pawns in the middle .
Couples will be able to apply for divorce jointly and they can simply say the relationship has failed without holding either party responsible .
There will be a minimum of 20 weeks between application and divorce becoming final .
The process will be faster , and it is hoped all matters will be resolved in a 20-week period , where unlike now the financial settlement on divorce can often take over 12 months to sort out . Couples upon separation need the process to be quickened so they can move on with life . Too often we hear stories of people still being embroiled in an acrimonious court case months after the couple first separated . The new no fault process is designed to speed up the process take away blame and get the whole process resolved much quicker .
This timeframe of 20 weeks has been introduced to counter concerns the reforms will make divorce a quicker and easier option for couples than trying to save their marriage . This ' period of reflection ' will give couples an opportunity to reflect and work through their differences before committing to a divorce . It will also hopefully give the couples the chance to get all the ancillary matters , children and finances within this time frame to give couples certainty moving forward .
The new process will still have two stages – conditional offer and final order but there is also the possibility of a separation agreement , a written agreement outlining the terms of the separation . A separation agreement will not end the marriage , but it can enable both people to agree on the terms of the separation .
Does the no fault divorce go far enough – not really for us at Fair Result .
Yes it will take away the blame which should reduce some of the tension but the financial settlement is still a little nebulous . Judges still have very wide discretion as to how they divide marital assets . We believe new rules need introducing to clarify the courts approach to the division of assets . Because there are no fixed rules it ' s very difficult to advise a client with absolute certainty what a final consent order may look like . This can sometimes lead parties not wanting to reach agreement especially if one or both is particularly litigious .
Baroness Deech in the House of Lords is championing the idea of reform . Her Divorce ( Financial Provision ) Bill , proposes the following :
• Making the starting point for division of assets on divorce a 50 / 50 split of the net value of the matrimonial assets acquired during the marriage . Courts could then consider a number of factors , including : Any agreement between the parties about ownership of specific property ; Dissipation of assets ; The needs of children .
• Assets acquired before the marriage would be excluded .
• Inheritances during the marriage would be ring-fenced unless the needs of one party justified including them in any division .
• Maintenance would only be payable for five years .
• Statutory recognition of pre and post nuptial agreements .
AT FAIR Result we support this approach as it leads to certainty and will also drive down costs for clients . Contact us now for a free no obligation chat about how our unique model with a fixed fee and sensible approach can help you . Tel : 07500 933818 or email : chris @ fair-result . co . uk .
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