Divorce is often considered to be one of the most stressful life-changing events that someone can experience second only to suffering a bereavement. The process itself is usually relatively straightforward but there are many complicated associated issues and emotions. There is a Family Law Protocol in place which encourages parties to try to deal with the ending of their marriage in as amicable a manner as possible so that the stress caused to the parties and children, if any, is minimised as much as possible. We seek to work within this protocol at all times.
There is currently (until 6th April 2022) only one ground for divorce – the irretrievable breakdown of a marriage. This has to be proved in one of five different ways:
- separation for two years with both parties consenting to the divorce; or
- separation for five years if there is no consent.
We will discuss with you which of these options best fits your particular situation and then guide you through the divorce process.
However, from 6th April 2022 the “No fault” divorce law comes into force in England and Wales. This change in law will help to remove the concept of fault from divorce proceedings and should help to reduce conflict between couples. For further information please see our No-Fault Divorce Guide.
The new legislation will:
- Require a statement of irretrievable breakdown (replacing the ‘five facts’)
- Remove the ability to contest the divorce on both sides
- Introduce an option for a joint application
- Ensure that language is easy to understand
The changes also apply to the dissolution of civil partnerships.
If you would like to speak with one of our team, we offer initial advice appointments. For more information, please telephone 01380 733300 or 01225 896100. If you think you might qualify for Legal Aid we can help – please let us know when you telephone.