News

What's going on at Oliver & Co

Is there such a thing as a good divorce?

Posted on November 29th 2022

No Fault divorce

Resolution is an organisation of family lawyers and other professionals who all adhere to a Code of Practice, promoting a constructive approach to Family Law matters. This Code of Practice ensures that they do not act in such a way as to make a relationship breakdown even harder than it already is (for example by not using inflammatory language in communications) and that they listen to clients to provide honest and objective advice with the aim of helping them move on with their life as positively as possible, whilst putting the needs of any children first.

Resolution also looks to identify any areas within family law where things are not working well for couples or families or are causing unnecessary stress and can campaign to change those areas, whilst also raising awareness of these issues in the public arena.

Resolution’s Good Divorce Week runs from the 28th November to 2nd December. This year its focus is on highlighting the crisis in the over-stretched family courts and raising awareness of the different ways families can resolve their disputes away from Court, with the help of Resolution members.

Reform of Divorce Law

Resolution previously recognised that the Divorce Law in England and Wales was causing upset between divorcing couples, who were made either to confirm that their spouse had in some way been “at fault” for the relationship breakdown, or wait either 2 or 5 years after separation before they could begin divorce proceedings, if they wanted to avoid “blaming” their ex.

Resolution successfully campaigned for a “No Fault” Divorce system in England and Wales, which was implemented on 6th April 2022.

With a “No Fault” Divorce system, divorcing couples still have to confirm that their marriage has “irretrievably broken down”, as they did in the past, but do not need to give a reason why. This, therefore, allows married couples to divorce without apportioning blame and has been introduced to reduce acrimony between divorcing spouses.

Good Divorce Week

Since the new “No Fault” Divorce Law has been implemented, the Ministry of Justice has reported that 33,566 divorce applications were made from April to June 2022. The number of applications was the highest since 2012 and has gone up 22% for the same period in 2021. This statistic suggests that this change to the law has been beneficial, with more people seeking an amicable divorce.

The downside of this change to the Divorce Law is that it has increased demand and resulted in a backlog in the courts. Resolution is now raising awareness of ways in which divorcing couples can make amicable progress between themselves, outside of the court arena, so that they can move on with their lives positively.

What can you do?

These are some of the ways that you and your ex can work to resolve disputes on your divorce, away from court:

  1. The two of you could come to a mutual agreement regarding a divorce, the finances on a divorce, and child arrangements. You do not have to involve solicitors if you are both in agreement. However, you should ensure that any agreement as to finances on divorce is drawn up into a Financial Order and a solicitor can help you with this. You can now apply for your divorce independently, or with your spouse jointly.
  2. You can use a solicitor to help facilitate negotiations regarding the finances on a divorce. You could put forward proposals to your ex through a solicitor. If you would like advice from a solicitor about putting forward proposals, they can help you to fill out a document called a “Form E”, which allows you to clearly state what your current financial situation is. This form would eventually be swapped simultaneously with your ex’s “Form E”. The solicitor can then provide advice on making a proposal, with a view to trying to come to an agreement with your ex. You can also use solicitors to communicate with your ex regarding matters concerning children.
  3. Another method that you could try is mediation. The aim of mediation is to help the couple to work together to make their own decisions regarding divorce, finances arising from the divorce, or child arrangements.

 

Being members of Resolution, our Family Solicitors firmly believe in Resolution’s ethos and are committed to dealing with Family Law cases in a friendly and non-confrontational way. If you would like some advice on your Divorce, please contact the Family Department on 01244 312306, or email us at law@oliverandco.co.uk.

Call and speak to a member of our team on 01244 312306