When will no-fault divorce begin in the UK?

When will no-fault divorce begin in the UKThe Government has announced it will legislate for no-fault divorce as soon as parliamentary time allows. If you are keen to start your divorce and not sure whether to wait until the law changes, speak to an expert family lawyer.

What is no-fault divorce?

This is a way of getting divorced without raising conflict. Currently you have to rely on a reason:

  • Adultery
  • Unreasonable behaviour
  • Two years separation with consent
  • Desertion
  • Five years separation without consent

Allegations of adultery and unreasonable behaviour raise tensions, and if the divorce is contested, the only option can be to wait five years. The most amicable solution at the moment is two years separation with consent. No-fault divorce means the marriage has broken down but no one is in the wrong, and you don’t have to wait for years.

Why has the Government decided to act?

Resolution and other organisations have been lobbying. And the case of Owens v Owens has been in the news. Mrs Owens said her marriage was over because of her husband’s unreasonable behaviour. But he contested the divorce and she is now in the process of waiting five years to reach the end of her unhappy marriage.

Why is no-fault divorce a good idea?

Joanne Houston of Just Family Law says no-fault divorce will reduce conflict in divorce and protect children. She adds, “This presents an opportunity for parting couples to engage in a constructive rather than a destructive process.” Joanne is a specialist in collaborative family law which allows couples to reach amicable agreements, avoid Court proceedings, and move forward with dignity and positivity. See my post, What is collaborative family law. Other options are –

How will no-fault divorce work?

The details have yet to be fully formulated but there will be a minimum time from start to finish of six months. There will still be a decree nisi and decree absolute stage. See my recent post How to file for divorce for a basic guide to divorce under the current law.

Why is divorce an important stage in agreeing the finances? 

A Court order finalising the finances is only available once the first divorce decree has been granted (the “decree nisi”). Hence it’s a good idea to sort out the divorce and the finances at the same time. See my blog What Comes First Divorce Or Settlement.

When will no-fault divorce begin in the UK?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question When will no-fault divorce begin in the UK?

 In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post When will no-fault divorce begin in the UK? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

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What does Brexit No Deal Mean for Family Law?


What does Brexit No Deal Mean for Family Law

What does Brexit No Deal Mean for Family Law?

How will a ‘No deal’ Brexit affect my family law case?

This blog is for you if you are a UK/EU family, and it also applies to anyone from anywhere in the world who has a pension here. If you are in Northern Ireland your situation might be slightly different to England and Wales and you should speak to your lawyer. Similarly Scotland.

If you are a family lawyer seeking information, download guidance from the Law Society, “Joint Resolution and Law Society note to family lawyers in England and Wales of practical recommendations in the circumstances of no deal on EU exit”.

What should I do?

Take advice from an expert international family lawyer immediately. Why? It might be important for your case to be started and finished before Brexit because it might be difficult afterwards. And it could be your Court order might not be recognised or enforceable afterwards.

Obviously there are many countries involved and there isn’t a one size fits all answer. Your lawyer may need to speak to a lawyer in another EU country.

Should I start my divorce before Brexit?

EU rules contain a “first past the post” rule for starting divorces. After Brexit, divorces will be on the basis of “closest connection”. So if it’s important for you to divorce here and “closest connection” might not work, you better start before Brexit. But recognition of your divorce in EU member states may differ depending on the state involved. So you might need to finish before Brexit too.

What about recognition of UK divorces in EU member states?

Divorces are likely to be recognised in some but not all remaining EU countries. If recognition of your divorce is important for you, take advice immediately. For example, do you intend to live or work or buy property in a member state? Are you going through a same sex divorce?

What’s the solution? Make sure the divorce is finalised before Brexit.

How do I get divorced before Brexit? 

The petition is issued in the Court and served on your ex, your ex acknowledges it, you fill in the statement in support, the decree nisi is pronounced by the Court. Six weeks and one day later you make an application for the decree absolute. This brings your marriage to an end.

In a hurry? Apply to the Court to abridge time for the whole process or to obtain the decree absolute earlier.

After the decree absolute comes the certificate …

You will need to complete the certificate before Brexit too, and you will need to file the certificate in the Court of the member state. Speak to an expert international family lawyer about certificates and how to apply for them.

What about maintenance?

If you want to be sure a maintenance order is recognised or enforced in another EU member state after Brexit, get it made by the Court beforehand. If there isn’t agreement between you, time is getting short to list the final hearing before Brexit, and time should also be allowed to register (‘exequatur’) the order before Brexit. How long will this take? Depends which member state is involved. Speak to an expert international family lawyer as soon as possible.

This applies not only to maintenance cases involving other EU member states but also within the UK; eg in English/Scottish divorces.

We don’t live in England or Wales, but one of us comes from there …

This is called “sole domicile”. Things might get better for you after Brexit if you have a needs based claim for maintenance. This applies to claims involving countries the world over, not just the EU. Talk to an expert international family lawyer about whether this applies to you, and the possibility of adjourning your case until afterwards.

The pension is in the UK but I’m not …

You want a pension sharing order of a pension in the UK but you don’t live here and you don’t come from here. Article 7 of the EU Maintenance Regulation looks after you by providing a “forum of necessity”. But this will go after Brexit. See your lawyer about an urgent application to be made before Brexit.

Children …

An EU provision called “Brussels II” allows contact orders and orders for the return of children to be enforced in the remaining EU countries. But a certificate has to be obtained when the order is made. This is a similar certificate to that required in the recognition of divorces, as above.

In other children cases, such as residence, the process is different. As in the case of finances, the order must be registered (the “exequatur” process).

If it’s important to get the order before Brexit, factor in how long it will take to get the certificate, or to complete the registration, too.

What does Brexit No Deal Mean for Family Law?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question What does Brexit No Deal Mean for Family Law? In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs. 

The topics covered in this blog post What does Brexit No Deal Mean for Family Law? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

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How to File for Divorce in the UK

How to File for Divorce in the UK

How to File for Divorce in the UK …

The bad news is your marriage or civil partnership is over. But the good news is it’s now a lot simpler to get divorced thanks to the online system. I’m going to explain what you need to look out for and what it all means.

There’s rarely any need to attend Court and the whole process takes only four to six months but this doesn’t include the finances and and it’s often wise to delay finalising the divorce until they’re sorted out.

But if you would rather a lawyer do the divorce for you make sure you chose one who is committed to a non confrontational approach to family problems, such as Just Family Law’s Joanne Houston.

How a divorce starts …

One of you fills in a divorce petition (the petitioner) and the Court serves it on the other (the respondent).

What a divorce does …

It ends a marriage or a civil partnership but it doesn’t sort out the finances or the arrangements for the children.

Take the bull by the horns …

Did you know that divorce, finances and the arrangements for the children can all be addressed at the same time? See my blog What comes first, divorce or settlement?

If you can’t agree between yourselves you have the following options:

  • Help from a lawyer
  • Start Court proceedings yourself
  • Mediation
  • Collaborative law

Collaborative law is an opportunity to build a positive future for you and your family. See my recent blog What is collaborative law?

What’s needed to start a divorce …

  • Marriage certificate
  • Court fee of £550 unless you’re eligible to exemption from fees
  • The respondent’s address

Here’s a link to an application form to help with Court fees

How to fill in the divorce petition …

The online divorce service is on the GOV.UK site, here’s a link

It’s straightforward to fill in but there are some tricky questions. For example if you weren’t born in either England or Wales or if you live in another country. Or if you don’t know the respondent’s address. There are notes to help you but don’t forget to get expert help if you’re not sure. Lawyers often provide fixed cost advice for this kind of service.

The grounds for divorce …

The most popular is unreasonable behaviour. The least contentious is two year’s separation with consent. See my blog, Grounds for divorce – 5 things you need to know

Financial claims …

The form asks, “Do you want to apply for a financial order?” To be on the safe side tick Yes as the Court will take no action but it will leave it open for the future. Don’t risk missing out on pensions or the business or being left with debts that aren’t yours. And a Consent Order recording your financial settlement is essential to protect you.

Don’t forget to get expert help if you’re not sure. Lawyers often provide fixed cost advice for this kind of service.

Costs …

How to answer, “Costs – if you wish to claim costs from the respondent.” There are a number of things to bear in mind:

  • the expense of the Court fee to start a divorce which is currently £550
  • the availability of exemption from fees (see above “What’s needed to start a divorce”)
  • whether the respondent can afford to pay a costs order
  • the likelihood of the Court making a costs order

If you aren’t eligible to exemption from fees, and the respondent can afford to pay a costs order, see if the respondent will agree to pay or at least contribute.

Risks …

The respondent defends the petition. See my blog No fault divorce, your questions answered about the Owens case and the risk of the respondent defending an unreasonable behaviour petition.

What happens next …

The Court serves your divorce petition on the respondent and they acknowledge service of it, which means they fill in a form saying they’ve received the petition. Once you receive the acknowledgment of service from the Court you can fill in a statement in support.

Next the Court will set a date for the pronouncement of the decree nisi. You don’t have to attend Court for this.

The decree nisi …

Your marriage isn’t over yet but it’s an important stage if you are sorting out financial matters as a Consent Order recording your settlement can now be sealed by the Court.

Six weeks and one day after the pronouncement of the decree nisi the petitioner can apply for the decree absolute. But there are pros and cons. Should you wait until you have obtained a Court order confirming the financial arrangements between you? See my blog Quick divorce or safe divorce? How to protect your financial settlement

The decree absolute …

  • You are no longer married
  • You can remarry or enter a civil partnership
  • Your consent order about the finances comes into force

How to File for Divorce in the UK

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question How to File for Divorce in the UK. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs. 

The topics covered in this blog post How to File for Divorce in the UK are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

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Quick Divorce or Safe Divorce? How To Protect Your Financial Settlement

Quick Divorce1. How Quick Is A Quick Divorce?

Need a quick divorce? It usually takes about four months to end a marriage if the divorce is uncontested and there are no mishaps with the paperwork along the way. This may not sound particularly quick, but did you know you risk missing out financially if it goes even this quickly?  (see question 3 below).

To avoid mishaps with the paperwork take a quick look at our recent blog here.

2. Why Can’t A Quick Divorce Be Quicker?

Because there’s a strict timetable for the Court paperwork.

Documents have to be completed by you, your other half, and the Court. You will need to supply the reasons for your divorce (our recent blog can help). And even when you’ve dealt with all the paperwork and you’ve got your Decree Nisi, you will have to wait six weeks and one day before applying for the Decree Absolute (which ends your marriage).

And did you know there are special rules for short marriages? Click here to read our recent blog on this subject.

3. Why Would Anyone Want To Delay Their Divorce?

Because you could miss out on a fair share of the matrimonial finances.

If your other half dies after the divorce but before you have a Court Order confirming the financial settlement, you could lose out because you won’t be their widow or widower. And you could miss out on a fair share of their pension.

4. When’s The Ideal Time To Finalise A Divorce?

When the Court has made an Order confirming your financial settlement.

This doesn’t mean you have to go to Court for a big fight about money. After all, you may be in agreement about everything, or maybe there are just one or two things outstanding. Whatever the case is, get a quote from a family solicitor to help you with a Consent Order.

5. What Is A Consent Order?

It sets your financial settlement in stone.

Once the Court has made the Order, your other half can’t change their mind. And if you come into money, your other half can’t claim it. You can now apply for your Decree Absolute knowing your interests are protected.

6. Quick Divorce Or Safe Divorce?

It’s up to you. But make sure you take expert legal advice if you have any doubts.

Contact  Joanne Houston on 01962 217640 for free advice on divorce. In this 20 minute session we will discuss with you what’s been going wrong, and advise you of the most suitable wording for your divorce petition, and whether or not you require a Consent Order.

 


JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families. Visit our website just-family-law.com The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image: Thomas Wolf, www.foto-tw.de / Wikimedia Commons / CC BY-SA 3.0

 

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