Page 9 - The Mossley Browser May 2022

Adver sing feature
No Fault Divorce

is Here!

After years of frustration and increased animosity between
discussion and the parties.
delays, new Instead, couples can now approach divorce
legislation from the outset with dignity through a
that allows constructive, collaborative approach. In
‘no fault doing so this may in turn provide a smoother
divorce’ divorce process overall.
finally came
into force last Whilst some have expressed concerns that
month. The Divorce, Dissolution and the new laws are effectively promoting
Separation Bill has now become law, which divorce as a quick and easy solution when a
for the first time allows couples in England marriage is going wrong, it’s important to
and Wales to get divorced or dissolve their note that a new time frame has been
civil partnership without attributing blame to introduced. Couples must now wait 20
one party. weeks between the divorce starting and an
The new laws have been marked as a application for a conditional order. This
period gives them time to reflect and/or time
fundamental change to the Divorce laws in to agree important arrangements for
England and Wales. children, finance or property. It remains a
Up until this point, separating couples formal legal process and is by no means an
needed to provide proof of irretrievable ‘easier’ decision to come to. There are still
breakdown of the marriage on the grounds of many potential hurdles to overcome and
adultery, desertion, or otherwise mistakes to make that obtaining legal advice
unreasonable behaviour in order to legally can help to avoid.
bring their relationship to an end. Whilst there will never be a “good” time to
The only alternative would have been to start the divorce process, the new legislation
prove their separation for at least two years allows for less draconian rules and for those
if both consent, or for five years if one party involved to approach it in a less
does not want the divorce. confrontational way.
The move is being seen as a positive step to If you are considering divorce some early
modernising the divorce process and has advice can go a long way to informing you
been overwhelmingly welcomed by family as to your position and providing a good
lawyers. In this day and age, forcing couples basis from which to move forward.
to go through a legal process in which one Please contact Gianna Lisiecki-Cunane, a
spouse has to “blame” the other in some way solicitor and director at O’Donnell
for the breakdown of the marriage seems Solicitors, on 01457 761883 for advice about
counter intuitive to an amicable separation. divorce or any other family law matter.
Similarly, having to wait for a period of 2 or www.odonnellsolicitors.co.uk
5 years after separation, often leads to

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