6th April 2023 marked 12 months since it became possible to divorce on the grounds of ‘No Fault’.
The new law replaced the previous requirement to apportion blame and to prove that the marriage had broken down by way of a statement which was frequently disputed by the other party. Now, the process simply requires the applicant to confirm that the marriage had broken down irretrievably.
Save in limited circumstances, a divorce cannot be prevented once issued, and it is also now possible to bring a joint application for divorce, too. As a consequence, divorces are now almost always concluded with neither party having to physically go to court. The intention was there be less animosity and conflict between the separating couple.
Here at WBW, we have seen a marked increase in the number of divorce enquiries received, and over the past 12 months we have assisted clients to obtain Final Orders, formally ending their marriage.
Reservations
Whilst getting divorced is now much more straightforward, we remain concerned that not enough information is available about ending financial connections upon divorce.
Any party wishing to divorce should certainly seek legal advice in relation to financial matters, as whilst a divorce ends the marriage, it does not automatically end the financial ties between the parties. Without a financial order in place, one party could still make a financial claim against the other.
It is more often beneficial to resolve matters concerning finances and children before the Final Order is made. The divorce process takes around 6 months to conclude, and can be extended if financial/children matters need to be resolved.
How WBW Solicitors can help
We have expert family law specialists who have a wealth of experience in dealing with all matters concerning relationship breakdowns. Contact us today to find out if we can help you.
WBW has offices in Torquay, Paignton, Brixham, Newton Abbot, Exeter, Bovey Tracey, Exmouth, Honiton, Sidmouth, Launceston, Axminster, Chard and Seaton.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
