Shropshire lawyer welcomes new divorce laws
A Shropshire legal expert is hailing new divorce laws as “perhaps the most significant change in family law for almost half a century”.
No Fault Divorce legislation comes into effect in April and should result in a swifter conclusion to many divorce cases and see a move away from the blame culture which often only serves to worsen already deteriorating relationships.
Caroline Yorke, a family law specialist with Lanyon Bowdler, said: “From April 6, the applicant will simply have to file a document saying the marriage has broken down irretrievably and the other person will not be able to defend it, thus removing a favourite tactic of abusive spouses.
“Indeed, if they wish, a couple can even file a joint application for divorce, which has never been permitted before. It marks perhaps the most significant change in family law for almost half a century.
“The new legislation will benefit couples who have hit difficulties in their marriage that they don’t think can be repaired, it also represents a really positive development in moving away from the blame culture.
“Gone are the allegations of unreasonable behaviour, always so difficult to come up with when two people felt the relationship had just fizzled out and they wanted to stay on good terms for the sake of the children or the wider family.
“Nor will there be any need for allegations of adultery, which have often led to conflict, needless worry, confusion and extra costs, or the need to prove that you had lived apart for a certain period of time or endured a totally artificial lifestyle under one roof without risking the court rejecting the claims of having lived separate lives.”
Caroline added: “The couple will be required to wait 20 weeks before they can apply for their Conditional Order - previously known as a Decree Nisi, but can use the time well to try to resolve financial and children matters.
“Then, six weeks after the Conditional Order is granted, they can apply for a Final Order, which used to be called a Decree Absolute, a legal ending to the case which finally dissolves the marriage.
“While the later part of the process remains familiar, it is hoped that the initial stages, which used to cause so much delay and potential upset at a time when the parties were sometimes having to deal with all the other new challenges a separation could bring, will be a really welcome breath of fresh air.”
Caroline can be contacted at Lanyon Bowdler’s Oswestry office by calling 01691 652241 or emailing caroline.yorke@lblaw.co.uk
