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Complex divorce cases made simpler
Parliament announced that the Divorce , Dissolution and Separation Act 2020 will come into force on April 6 2022 . What does this mean in essence ? It will bring into being a new “ no fault divorce system ”. “ About time , many will say ”, says Wendy Beacom , partner at Wynyardbased Tilly Bailey & Irvine Solicitors .
“ Currently , parties need to rely upon ‘ unreasonable behaviour ’ – whereby the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent .
“ There can be a number of reasons which include avoiding an increase in an already acrimonious separation and reducing the potential for conflict that may arise if the other party becomes completely offended by the allegations raised against them .
“ You will wish to avoid conflict where there are children involved and want relations to be as a civil as possible .
“ Some critics of the ‘ no fault divorce ’ system say it makes it too easy for parties to divorce . However , in many
circumstances the actual decision to end a relationship is often the most difficult aspect . “ A no fault divorce system has the real prospect of enabling parties to not focus on blame but to focus their minds on resolving arrangements for the children and separating their financial affairs . The legislation will also place more emphasis upon considering mediation .”
While there is a further delay in bringing this law , one of the reasons is to enable it to be adapted to the new rules . The new online system is currently
proving much swifter than the traditional postal divorce system , so hopefully this delay in bringing in the new law to the new system will reduce the potential for ongoing issues .
Overall though , given that we are currently reliant upon 1973 legislation , 2022 clearly hails a new era of relevant law for parties that will be welcomed by many .
Wendy Beacom heads Tilly Bailey & Irvine Solicitors ’ private family law team across Teesside . To discuss family law , divorce or child arrangements with their family law solicitors , call 0333 444 4422 or make a free online enquiry at tbilaw . co . uk .
62 | Tees Business