‘No-Blame’ Divorce Changes were Long Overdue
A legal change that allows for ‘no-blame’ or ‘no-fault’ divorce was long overdue, according to Lucy Hart from Cheshire based Sinclair Law Solicitors. Her family law practice is already seeing huge benefits for parents and their children.
“Divorce can be incredibly stressful and painful, especially when children are involved.
In the 15 years I’ve been practicing family law, I’ve seen some very bitter separations.
These cases can be so hard for everyone involved, but a law introduced in April is already making a big difference.
‘No-blame’ divorce isn’t a cure for every divorce headache, but it can help cut the animosity at what is a very difficult time. In my experience, it’s also making divorce more tolerable for children. Honestly, I can’t believe this didn’t come sooner.
What is ‘no-blame’ divorce?
Introduced on 6th April 2022, the Divorce, Dissolution and Separation Act makes no-blame divorce possible.
The Act means that, for the first time, partners can make a joint application for divorce. This helps remove an area of potential conflict; in cases where both parties agree on the divorce, it removes the need for one party to start proceedings against the other.
It also removes the need for one partner to prove ‘unreasonable behaviour’ or the requirement for a period of separation.
Today, we know there’s all sorts of reasons why a couple could want to separate. So all that is needed now is a requirement to provide a statement of irretrievable breakdown of the marriage or civil partnership.
At Sinclair Law Solicitors, we’re big advocates of collaborative family law. We try to avoid conflict wherever we can and encourage all of our clients to make a joint application for divorce. However, the process of the divorce is often only one of the issues which needs to be resolved.
Collaborative divorces for parents.
Along with finances, childcare is one of the most common things that separating parents disagree on. A joint ‘no-blame’ divorce can help get a divorce off on the right foot, but it’s not enough to ensure a painless separation.
If you and your partner disagree about a financial settlement or childcare, you have a better chance of staying calm, diplomatic and friendly if you use a collaborative approach to family law.
This means that, where possible, you should try to reach a fair and mutually acceptable arrangement through a series of meetings between the parties.
With collaborative family law, we can avoid the emotional and financial burdens that come with ‘going to court,’ but we can still make decisions legally binding through judicial orders.”
Lucy Hart is a senior family law solicitor and director of Sinclair Law Solicitors.With offices in Wilmslow and Bramhall, Sinclair Law Solicitors specialises in managing complex divorce cases, child arrangements and prenuptial agreements.
For a free case review, call: 01625 526 222.
