Divorce, Dissolution and Separation Bill – One Year On

It is now just over a year (06 April 2022) since the introduction of the new Divorce, Dissolution and Separation Bill, sometimes referred to as ‘No fault Divorce’ where separating couples no longer have to prove blame or fault to meet requirements of grounds for divorce.  The goal with the introduction of this new law was to make divorce more amicable.

Looking at the statistics currently available it appears that applications have increased with 89,123 divorce applications within the first nine months (up from 77,440 over the same period during 2021). Although applications can now be made jointly it appears that only 22% of those applications were joint.

Digital divorce has also been available since 2018 and the percentage of digital applications has increased from just 10% in 2019 to 94% in 2022.

Although, the new law was long awaited and has brought with it many benefits and simplified the divorce process data has also shown that there has been a noticeable drop in applications for financial remedy (31%) with fewer couples seeking legal representation.

It appears that in the race to achieve the actual final divorce order couples are failing to deal with the financial and children matters which are such an important part of the divorce.

When there is a decision to separate, inevitably there will be a decision to look at how assets should be shared.  A financial settlement (financial remedy) is essentially who gets what when a couple separate which may include the family home.  It is also important to look at any pensions and these may be dealt with by a Pension Sharing Order.   Once agreed, for married couples, it is highly advisable that the settlement is formalised into a legally binding Court order – referred to as a “Consent Order”, so that neither party can go back on the agreement. It is usual for this to be done without the need for anyone to set foot inside a Court.  This ensures that future assets and wealth are protected.

For those couples with children it is also essential to ensure that the children’s best interests are being met.  This may include contact and residence as well as the financial requirements where maintenance may be payable.

Our experienced lawyers will always do their best to achieve a settlement without the need to attend court, however, where this is not possible they will use their expertise to pursue the matter vigorously through the court.

Taking early legal advice will ensure that consideration is given to all of these factors prior to the Final Order being obtained.

For advice on all aspects of divorce, financial remedy and children act matters contact our experienced lawyers on 01279 799598 or email contact@spectrumfamilylaw.com.