Page 9 - The Mossley Browser May 2022
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                                               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
      5 years after separation, often leads to

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