End of the Blame Game
Many people will be aware of the recent overwhelming vote by MPs in the House of Commons to change the law in relation to divorce. According to Family lawyer Helen Lucking, partner at regional law firm Napthens, these changes are long overdue
The proposed reforms in the Divorce Dissolution and Separation Bill remove the ‘fault’ element in the divorce process. This means one party no longer has to accuse the other spouse of adultery or unreasonable behaviour in order to start immediate proceedings.
If a husband and wife have simply grown apart and do not want to allege ‘fault’, the law as it currently stands does not allow them to get divorced until they have waited a minimum of two years – and that still requires the other spouse’s consent before the divorce can go through. This approach has long been seen by lawyers and the public as outdated.
Under the new law, couples will simply say that their marriage has irretrievably broken down and apply for a divorce. There will be a minimum 20-week period of reflection before they are granted the first stage of the divorce.
Whilst the well-publicised changes passed another stage in Parliament in June 2020, it will in fact, take much longer for the new law to be given Royal Assent and to be implemented. So, although change is coming, it is not here yet.
When the new process does arrive, the key point is that it takes the blame out of the equation.
There will undoubtedly be couples who have been contemplating divorce after being in lockdown with their spouse during the Covid outbreak. Often people research information on divorce and consult a solicitor without the knowledge of the other spouse and this has obviously been made more difficult during lockdown. Family lawyers are anticipating a spike in the divorce rate as our lives slowly return to normality.
Whatever your personal circumstances, it is worth remembering that the changes to the law will be quite some time coming into effect. If you are considering divorce and want to understand the options available to you and begin to plan for your future, you should seek professional advice sooner rather than later. Whilst it can be a particularly difficult time right now for those in need of privacy, here at Napthens we do understand the problems people face and we aim to be as flexible as possible to enable our clients to have access to the consultations and advice needed.
Please feel free to contact me or a member of our family team if you would like to arrange a consultation
Helen Lucking is a Partner and Head of Family and Divorce at regional law firm Napthens
napthens.co.uk
