New No Fault - End of Blame Game?

It was long due and came as a silver lining for many couples seeking a divorce who don’t want to blame their partner for something they haven’t done but (and it’s a BIG BUT), keep in mind that it comes with its own baggage.

what old divorce meant?

Until the new Divorce, Dissolution, and Separation Act came into force, married couples seeking divorce would have to prove that marriage is irretrievable. This was proved by:

Adultery
Unreasonable behavior
Desertion by one party
Two years separation with the consent of one spouse
Five years separation without consent.

This meant that it was a problem for couples who did not want their partners to be blamed for the things they had not done or did not want to wait too long for the divorce proceedings to be done and dusted. The divorce could not be through mutual agreement, which involved a lot of cost and time. It also meant that one partner could keep on avoiding divorce and force the other to stay in marriage longer.

What new no fault divorce means?

The new ‘No fault’ divorce system is here to help, mainly to avoid the lasting effects it can have on children.

As the Deputy Prime Minister, Lord Chancellor, and Secretary of State for Justice, Dominic Raab said:

“The breakdown of a marriage can be agonizing for all involved, especially children. We want to reduce the acrimony couples endure and end the anguish that children suffer”.

Decree Nisi to turn into “Conditional order.”
Decree Absolute to turn into “Final order.”
Removal of the ability of one spouse to contest for divorce.
Introduction of minimum period of 20 weeks.

but...

Divorce has always been a very stressful experience and will undoubtedly involve discussing matters arising from separation, such as finance, assets, property, and most importantly, children. Sorting out these issues via solicitors can be a costly affair and lead to bitterness, only to realize at a later stage that an opportunity in the form of Mediation has been lost. If the issues are not appropriately addressed, it can worsen matters by default. So, the next question arises: How can this be minimized?

mediation can be the answer

It is a voluntary and confidential process to resolve matters outside of court. Just imagine you are ready for divorce before the court and have certain disagreements that may seem small initially but grow bigger with time. It can lead to delayed process, loss of mutual understanding, and detrimental effects on your mental wellbeing and on children as well as family. To resolve all this while there is still time, Mediation can be a way.

It helps the couple reach a mutually acceptable and lasting agreement regarding finance, children, or overarching communication dynamic so that you have peace of mind when appearing in front of the court. Plus, it can be quicker, cheaper, and less stressful.

If you are not sure this is the right path for you, why not have a quick chat with our team and find out.

For more information on the mediation process, please contact us at 0330-390-3999 or book a free 10-minute appointment.

Mediation is a confidential process, providing a safe space for parties to openly discuss their issues. The mediator is impartial and non-judgmental, fostering an environment of respect and understanding.

In mediation, the parties have control over the outcome. They work together to find solutions that meet their unique needs and circumstances. This contrasts with court proceedings, where decisions are imposed by a judge.

Family mediation encourages parties to focus on the future, not the past. It promotes constructive dialogue and problem-solving, helping families to move forward and establish new, healthier patterns of interaction.

Once an agreement is reached in mediation, it can be converted into a legally binding document, such as a divorce petition, a consent order, a separation agreement, or a child arrangement order. This ensures the enforceability of the agreement and provides legal certainty to all parties involved.

Family mediation is a proven, effective way to resolve family disputes. It encourages understanding, respect, and cooperation, helping families navigate difficult times and work towards a more positive future. If you’re dealing with a family dispute, consider family mediation. It could be the constructive, respectful, and efficient solution you’re seeking.

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