NAVIGATING DIVORCE WITH CONFIDENCE AND CLARITY
Released On 16th Jan 2024
The breakdown of a marriage is undeniably one of life’s most challenging experiences. It can leave ripples that impact every facet of your life altering the dynamics of relationships and your family in an instant. In dealing with the challenging landscape of divorce, the last thing you want is any additional stress or pressure amplifying the emotional turmoil.
The right legal support can play a huge role in streamlining the divorce process, and recent legal changes in legislation have brought with them a new era for divorce law that offers a more streamlined approach. In this blog, we share some of the latest evolutions in divorce law to support you and help you take the right practical steps during this challenging time.
THE INTRODUCTION OF NO-FAULT DIVORCE
Recent changes in legislation have resulted in one of the most significant shake-ups in divorce law history. Since April 2022, the introduction of no-fault divorce means that for the first time ever, there is no need to appoint blame. For example, in the past, the petitioner for a divorce must satisfy the Court that one or more of the five facts specified in section 1(2) of the Matrimonial Causes Act 1973 have led to the irretrievable breakdown of the marriage. However, this is no longer the case. The new law of divorce allows one or both parties to simply state that their marriage has irretrievably broken down. This fundamental shift in the law eliminates the need for waiting periods to assign fault and therefore makes the process more straightforward, less emotionally taxing and overall, far more streamlined.
AN EFFICIENT ONLINE PROCESS
In a digital age, convenience is increasingly at our fingertips with innovations even extending as far as legal processes. The Family Courts have harnessed these technical innovations and the legal process surrounding divorce has now evolved into a process which can often be managed online, starting from creating the divorce application, all the way through to the pronouncement of the Final Order where the marriage becomes legally dissolved. Thanks to these advancements, attending court is now an exception rather than the rule. This streamlined process not only saves time and minimises stress for all parties involved, but also tends to be more budget friendly.
FLEXIBLE APPLICATION OPTIONS
Every divorce case is unique, and as such, there is flexibility within the application process. Divorcing parties can choose between sole applications, where one party becomes the Applicant and the other the Respondent, or joint applications where both parties are co-applicants. This flexibility ensures that the legal proceedings are tailored to meet the specific needs and circumstances of each individual case.
SEPARATING THE LEGAL PROCESS FROM FINANCIAL MATTERS
Although these legal changes offer significant advantages for clients, it remains crucial to seek legal advice concerning financial matters. Failing to do so may expose you to potential future financial claims and the relinquishment of assets. It is essential to be aware of the full impact and real value of such decisions to protect your financial interests effectively.
It’s important to understand that divorce is the legal process of ending a marriage or civil partnership. While this process addresses the end of the relationship, financial matters, such as property distribution and child maintenance arrangements, are not automatically included. A thorough analysis of the financial landscape, including the assessment of assets, liabilities, and potential spousal support is imperative to achieve a fair and just outcome. Seeking legal advice on these separate but often coinciding issues is essential to ensure a comprehensive resolution that safeguards your interests and those of your children.
While the breakdown of a relationship is undoubtedly a difficult experience, the divorce process itself can now be reasonably succinct with the right legal support. The team at AmicusLaw is here to ensure that you’re not alone on this journey. We can provide the guidance and expertise needed to navigate the complexities of divorce and we pride ourselves on offering a compassionate and efficient approach, helping you move forward with confidence and dignity.
