Category Archives: Divorce

Back in March 2021, our blog ‘No-fault divorce – untying the knot without playing the blame game’ talked about the long-awaited reforms being made to English and Welsh divorce law.

We explained how the campaign to modernise divorce and separation proceedings through the Divorce, Dissolution and Separation Bill had run for several years. Championed by Resolution, the community of family justice professionals of which AGR Law is a member, Royal assent was granted in June 2020 and the new law will come into force on 06 April 2022. It’s the biggest reform of divorce law in almost 50 years.

The main changes were:

Prior to no-fault divorce	Now
A reason for divorce would have been cited, blame apportioned (and in some cases evidence required) even if the spouses are on amicable terms	Couples can now legally separate without assigning blame to either party for their relationship breaking down. Evidence is no longer required. Domestic abuse victims will no longer have to produce statements and revisit the trauma they suffered
Apportioning blame often created unnecessary bitterness and resentment from the very beginning of the divorce process	The process will now be less damaging to divorcing couples and their families as confrontation will be minimised and talks more constructive. This will allow them to focus on more important areas, such as children and finances
One spouse needs to issue divorce proceedings against the other	Couples now have the option of making a joint divorce application
One or more of the following five reasons (also known as ‘facts’) had to be given as proof that the marriage has broken down: adultery, unreasonable behaviour, desertion or separated for two (if both agree to divorce) or five years (if one disagrees)	Divorce will now be more reflective of why modern marriages fail. Going forward, couples only need to produce a statement saying that the marriage has broken down irretrievably
The language used was outdated and unclear	Terms will be simpler:  The ‘petitioner’ will be called the ‘applicant’ The ‘decree nisi’ will be called a ‘conditional order’ The ‘decree absolute’ will be called a ‘final order’
Divorces typically take three to four months minimum if they are straight forward and both parties agree to terms. Delays, errors, contesting and overburdened courts often meant divorcing took much longer	A period of reflection has been introduced to allow couples more time to consider their decision. It will begin on the date of application and last a minimum of 20 weeks when the conditional order can be made. There will then be at least six weeks between the conditional order and final order
One party begins proceedings and their spouse can contest the reasons	The concept of contesting a divorce has been removed

What is the new no-fault divorce process?

Broadly speaking:

• One or both parties apply, citing that the marriage has broken down irretrievably
• After a 20-week period of reflection, the applicant or couple decide whether they wish to proceed
• The court makes a Conditional Order
• After a further six weeks the court can make a Final Order

Although the process may take around 26 weeks, it’s likely to be longer to allow for negotiations, processing and administration.

Can anyone get a no-fault divorce?

Married couples (including same sex married couples) and civil partners will be able to apply for a no-fault divorce to end their marriage or dissolution to conclude their civil partnership.

The new Divorce, Dissolution and Separation Act 2020 will amend the existing legislation around separation in the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.

Do I still need a divorce solicitor?

With divorcing being more amicable and less complicated, and more of the process done online (read more about that HERE), we wanted to outline our role in divorce cases and explain why it’s still crucial to have legal representation to guide you.

As lawyers representing you in a divorce case we can, through mediation:

• Prepare documents for court
• Advise on financial matters including the family home, pensions, savings and investments
• Advise you on what you are and are not entitled to and help you negotiate
• Advise disputing parents on childcare, contact and maintenance payments

If an agreement cannot be reached through mediation, we will:

• Instigate court proceedings and represent you
• Prepare cases for presentation to the judge
• Communicate with your spouse via their solicitor if conversation is not possible between you

Why is legal representation important?

Getting divorced is a highly emotional time, even if you and your spouse agree it’s the right course of action and your relationship is amicable. There is a great deal to consider, and your state of mind and any pressure from friends and family can cloud judgement. This may make it difficult for you to manage constructive conversations and deal with the practicalities, such as contact with children and paying the bills.

A divorce is legally binding. Once terms are agreed upon and you’re separated in the eyes of the law they cannot be altered, so it’s imperative to get paperwork in order and make sure every detail is considered. There are also legal consequences to changing your marital status. For example, your tax and pension may be affected.

Our experienced team deals with divorce cases every day, so will be able to support you and offer the best possible legal advice. We also understand that going through a divorce can be an exhausting and uncertain time, especially if understanding the new laws add to the feeling of overwhelm.

Contact us

To find out more about no-fault divorce, email hello@agrlaw.co.uk or call us on 0116 340 0094

We’ve previously mentioned that our approach to family law is to use mediation when couples are separating, but as it’s Family Mediation Week we wanted to explain what mediation is and how it works in more detail.

What is mediation?

Mediation is a process used to help divorcing couples plan their separation constructively. It can also be used to alter arrangements as circumstances change, for example as children grow older.

The role of a mediator is to help you find workable, practical solutions that suit all parties. They won’t tell you what you should and shouldn’t do, nor will they impose solutions or take sides. Instead, they act as a neutral third party, keeping the conversation moving forward, guiding you both and assisting with negotiation until terms can be agreed upon.

Why use mediation?

When you use a mediator, arrangements are tailored for your individual situations. Both parties have their say in a non-confrontational, constructive way. Discussions are free of blame, focussing on the future and preserving your relationship through clear communication, but not attempting to bring about a reconciliation.

Mediation also addresses the emotional needs and uncertainty that can surround the breakdown of a relationship. It can provide a safe and supportive space for you to talk with your ex-partner, but there is no pressure for you to face them if you would prefer not to at any stage.

How is mediation better than going through the divorce courts?

The process is much quicker, more amicable and usually less costly than going through a lengthy and stressful court battle. It puts you in control of your future, as opposed to a judge making decisions for you. Divorcing out of court also protects your privacy and ensures complete confidentiality.

If court is the only option for your case, you will need to prove that mediation has been properly considered and deemed unsuitable. Exemptions include domestic abuse cases.

What does mediation involve?

The process begins with a meeting known as a Mediation Information and Assessment Meeting (or MIAM) where you discuss what mediation is, how it might help you and the costs involved. After this initial stage, talks will assist you to determine what needs to be agreed upon and a suitable timeframe in which mutually beneficial decisions are to be made. Your mediator can then help you consider all available options. Areas often negotiated by mediation include:

• Childcare arrangements and co-parenting
• Finances including pensions
• Property and housing arrangements
• Dividing up assets
• Jointly owned or managed businesses

 Can I get Legal Aid for mediation?

You may be able to receive Legal Aid if:

• The dispute involves a child. You may be eligible for a free voucher worth up to £500
• You are on a low income. Legal Aid may help pay for both parties to attend an introductory meeting (MIAM), one mediation session for both of you, further mediation sessions for the eligible person and help from a solicitor to make your agreement legally binding

How can I find out more?

Give us a call on 0116 340 0094 or email hello@agrlaw.co.uk to discuss your situation and the best way forward.

The COVID-19 pandemic has prompted individuals and businesses to accelerate their use of digital technologies, and the legal services sector is no exception.

The online divorce process forms a significant part of a £1 billion-plus programme to transform the court system to improve speed, accessibility and ease for all.

Digital divorce – the backstory

In 2017, the government announced they were testing an online divorce application. It could be used by anyone wishing to divorce, and it offered prompts and guidance as they filled out their application. Upon completion, they would need to print it out and send it to the court.

In January 2018, the process was fully digitalised, with forms being submitted online, along with supporting documentation and payment. Around 130 applications were received in the first week.

Feedback was largely positive and, notably, the number of applications being returned due to errors was reduced by over 90%. In addition, people liked the simple, streamlined process and they didn’t have to worry that essential information would become delayed or lost in the post.

The pilot scheme was deemed a success and the refined version was unveiled in May 2018. The next stage was to roll the system out to legal representatives.

Speaking at the time Nigel Shepherd, the former Chair of Resolution, welcomed the move to a fully digital system to bring it into line with other government services, provided it functioned well for all involved.

It’s important to note that although the system was originally developed for those without legal representation to use, we must stress the need to instruct a solicitor to act on your behalf. The portal can be used to end a marriage formally, but it cannot advise on and clarify matters such as finances and access to children. It also cannot help with the emotional journey divorcing couples inevitably find themselves on. Remember, your rights as a married person are lost as soon as your divorce is finalised, so all aspects need careful consideration with support from a professional.

Digital divorce – where are we now?

In September 2021, the system was mandated by HM Courts and Tribunals Service (HMCTS). This means that legal professionals must submit divorce applications online via the MyHMCTS portal rather than use a paper D8 form. The only exceptions are the dissolution of civil partnerships, judicial separation and nullity.

There are several advantages of the new portal:

• It is much quicker for courts to process applications as the lengthy administration burden has been removed
• Applications and supporting evidence can be accessed remotely
• There are fewer mistakes and delays. The portal does not allow you to submit applications with incorrect or missing information, so applications are rejected less often
• The negative impact on the environment is reduced as the process is now paperless
• Solicitors can send information to judges at the click of a button

Digital divorce – what’s next?

From April 2022, divorce will become less confrontational and more constructive when the Divorce, Dissolution and Separation Act 2020 comes into force. Couples will no longer need to assign fault to one party, so neither will be blamed for the relationship ending. Language will also be simplified, for example a ‘decree absolute’ will be called a ‘final order’. The portal will be updated to reflect the changes.

Hearings will continue to be held virtually or over the phone, so lessening the need to travel to court and be in the vicinity of the person you are divorcing.

How can AGR Law help?

We are experts in all matters of family law, including divorce and financial settlements. As members of Resolution, we are committed to resolving issues in a non-confrontational way through mediation, resulting in a better outcome for divorcing couples and their families.

For more information, please call us on 0116 340 0094 or email hello@agrlaw.co.uk

We’re proudly supporting Resolution’s Good Divorce Week 2021, doing our bit to kickstart a national conversation about how parents can embrace a child-focused approach when separating.

Good Divorce Week runs from Monday 29 November to Friday 03 December 2021, beginning with the launch of a new Parenting Through Separation Guide. Produced by Resolution’s Parenting After Parting Committee, this 21-page downloadable resource is available free.

Packed full of advice and support to help parents through separation, divorce and beyond, the guide begins with real-life stories and talks about dealing with shocking and emotionally traumatic events.

It details the role of a co-parent and how best to communicate with children, including suggestions on explaining the situation and managing a child’s feelings.

The guide also covers when and how to involve children in decision-making and has a handy jargon busting section to help you with unfamiliar and confusing legal definitions.

The Parenting Through Separation Guide is suitable for all parents, whether you fear a relationship is about to end, are newly separated or have been co-parenting with an ex-partner for some time.

As Resolution members, we’re committed to adopting a non-confrontational approach to family law issues to produce better outcomes for separating families and their children. Please contact us on 0116 340 0094 or hello@agrlaw.co.uk if you need support or advice on any issue surrounding divorce or separation.

It may sound strange to talk about a “good divorce” but with help from Resolution, many family lawyers have changed the culture and conversation around divorce to a more conciliatory and child focused approach.

In the past few years, there have been some very big cases in divorce.

Two of the cases were:

1. Owen v Owen, where the Supreme Court found Mrs Owen was not entitled to a divorce as she had not provided whole evidence that her husband had behaved in such a way, that it was unreasonable for her to be expected to remain married to him.
2. VW and BH, a recent case where the judge criticised the husband who cheated on his wife for contesting a divorce in an ‘awful case’. It appears the husband was somewhat dishonest and used the proceedings as a way to torment the wife.

Under the English law, if one party (the Petitioner) wishes to divorce within 5 years of separation and the other party does not consent to the divorce, the Petitioner needs to lay blame for the marriage break down at the feet of the other spouse.  The Petitioner must the provide evidence to support their case.  This adversarial method of divorce can be harmful to both parties and any children involved as it prolongs the pain of separation and creates a toxic atmosphere.

Resolution, with the backing of many family lawyers have called for ‘no fault divorce’. No fault divorce can be as simple as one party giving notice that they believe the marriage has broken down. If they still feel this way after a short period of time, the divorce can be finalised.  This method takes the acrimony out of divorce and enables both parties to focus on what is important; moving on with their lives and being parenting partners to the children.

We have linked below Resolution’s video to a good divorce. If you are considering divorce or have recently been divorced, this video may give you some helpful tips: https://vimeo.com/303651565

At AGR Law, we believe in taking a non-confrontational approach to divorce and matters relating to children. We assist our clients in meeting their objectives in the most pain-free and stress-free way possible.  Contact us to book a consultation on 0116 340 0094