Divorce law change – ‘No fault divorce’ reform
15th April 2019 by Jonathan Talbot
Laceys Solicitors are proud members of Resolution, a group of over 6,000 family lawyers who promote sensitive, cost-effective solutions to family breakdown which take into account the needs of the whole family – and in particular the best interests of the children. Resolution has tirelessly campaigned for years for the Governments proposed ‘no fault divorce’ law, removing the current ‘blame game and mudslinging’ of parents during divorce, which is due to be introduced within 3 months.
Former High Court Judge Sir Paul Coleridge sums up what is wrong with the fault based system; “The current law does not prevent people from getting divorced; it just keeps them in marriages they do not want to be in.”
‘No fault divorce’ should put an end to this. Unfortunately for the well published case involving Tini Owens, this has come a year too late. Last July Tini was denied a divorce after several years of separation because the judges did not consider that her husband’s behaviour was serious enough to justify her divorce. The ruling meant that under existing law she must wait until 2020 for the marriage to end on the ground that they will have been separated for five years.
The ‘No fault divorce’ should lessen the impact relationship breakdowns have on children. Conflict in divorce can have a detrimental effect on children who are often caught up in the acrimony of their parents relationship. This can present through various ways, their academic work may suffer or they may struggle with social interactions and forming healthy relationships later in life. The vast majority of children would prefer their parents to separate than they endure an unhappy family home in their childhood.
Contrary to what many believe, family lawyers do not want their clients to have to play the ‘blame game’ and would prefer alternative dispute resolution procedures to be used that allow couples to develop positive relationships to deal with issues in a more mature and reflective manner, ultimately providing better long term solutions for childcare and financial arrangements.
At Laceys we are proud to offer our clients a full range of services, from mediation through to other dispute resolution options, allowing them to decide how this emotionally challenging time in their life is handled.
- Family Mediation – a process which enables you both the opportunity to work together and explore your options regarding the children and/or finances in a neutral and controlled setting with one of our experienced lawyer mediators. Mediation allows you to make the decisions about your future in a cost-effective and timely manner, rather than taking the risk of lengthy and expensive court proceedings where the outcome is beyond your control.
- Legal Advice and Representation in Court – our experienced family lawyers can offer you individual advice and represent you in all manner of family proceedings, as well as represent your interests in negotiations with your ex-partner or their solicitor.
- Collaborative Law – a process where you both instruct a solicitor but with a commitment to all working together towards an agreeable solution and commit to not making a court application.
- Funding – Our charges are competitive and funding options are varied – our team are happy to discuss these with you on a case by case basis. Legal Aid is available for mediation cases where at least one of you has a low income and this funding can benefit you both. Legal aid may also available for legal advice and representation if your situation involves domestic abuse or child protection issues.
For any family matter, please contact us in confidence for family on 01202 755980 or mediation on 01202 721822.