Author: Merrick Solicitors

‘No fault’ divorce law: What’s changed?           

Posted on April 6, 2022 by - DIVORCE

‘No fault’ divorce comes into effect today and is being hailed as the biggest shift in the divorce law in half a century.

But what exactly has changed and how will the experience differ for separating partners?

This development ends the requirement for the divorcing partner to prove their marriage has broken down based on one of five facts – adultery, behaviour, two years separation (with their spouse’s consent), five years separation (without consent) and desertion.

Instead, only a statement of irretrievable breakdown will be needed.

It’s this change, removing the need for one party to be ‘blamed’ for the marriage break down, that has brought forward the term ‘no fault’ divorce.

Campaigners hope that taking blame out of the legal process will also remove some of the acrimony and conflict and shift the focus away from what went wrong, to what’s needed for the future.

Six months to final order

The new process will take six months before the separating couple can obtain a final divorce order. There’s a minimum 20 weeks between the start of proceedings and application for a conditional order. This provides couples with a meaningful period of reflection and the chance to reconsider. They then will have to wait a further six weeks before applying for a final order.

Another change the Divorce, Dissolution and Separation Act 2020 brings is more modern terminology. The person applying for the divorce will be called the applicant, instead of the petitioner. The decree nisi becomes the conditional order and the decree absolute will be the final order.

It will no longer be possible to contest a divorce, except on very limited grounds (such as whether the court has jurisdiction to conduct the proceedings).

Also under the April 6 change, both parties can jointly file for divorce, rather than solely one partner.

The new law is anticipated to remove some of the negativity and blame associated with divorce. However, it cannot take away the often tricky process of agreeing a divorce settlement between partners. The separating couple will still need to decide how to divide assets like the family home, savings and pensions. And, of course, making parenting arrangements for any children.

The new system is a change for everyone. Our advice remains that anyone thinking about ending their marriage should educate themselves about all potential possibilities, hurdles and outcomes. Seeking legal guidance at the earliest opportunity puts you in the strongest position to make those educated decisions.

→ Read more about ‘how we can help’.

 

 

Not reading too much into divorce rate drop

Posted on February 15, 2022 by - DIVORCE, RELATIONSHIPS

Commentators and newspaper columnists have done their best to divine insight from the recently announced drop in divorce figures.

The truth is that, while the numbers are interesting, reading any long-term trends into them is much harder.

In 2020, there were 103,592 divorces granted in England and Wales, a decrease of 4.5% compared with 2019. That fall seems to have surprised many who thought that the many stresses of the pandemic, including that first lockdown in March and the months of uncertainty that followed, would drive up the numbers.

The reality is most relationships finished off by Covid would have struggled to reach a decree absolute by the end of that year. The ‘average’ divorce takes something like four to six months and the courts themselves were hit by restrictions and lockdown.

Only after we’ve seen the picture for the succeeding years may we gain a clearer understanding of what impact Covid has had on couples taking action to end their relationships. Even then there will be other factors that have to be taken into consideration.

The numbers released by the Office for National Statistics for 2020 included:
  • The majority of divorces were among opposite-sex couples, 98.9%.
  • There were 1,154 divorces among same-sex couples, increasing by 40.4% from 2019; of these, the majority continued to be accounted for by female same-sex divorces 71.3%.
  • Unreasonable behaviour was the most common reason for wives petitioning for divorce among opposite-sex couples, accounting for 47.4% of petitions.
  • For husbands, the most common reason for divorces was a two-year separation. This accounted for 34.7% of divorces followed by 33.8% for unreasonable behaviour.
  • For same-sex divorces, unreasonable behaviour was the most common reason for divorce in 2020 for both female and male couples. Unreasonable behaviour accounted for 55.2% of female divorces and 57.0% of male divorces.
  • The average (median) duration of marriage was 11.9 years for opposite-sex couples, a decrease from 12.4 years in 2019.
  • For same-sex divorces in 2020, the average (median) duration of marriage was 4.7 years for female couples and 5.4 years for male couples. (Divorce among same-sex couples has only been possible since 2015 following the introduction of same-sex marriages in March 2014.)
No fault divorce

Currently in England and Wales, those wishing to divorce need to prove the marriage has broken down and cannot be saved. This can be on the grounds of adultery, unreasonable behaviour, desertion, separation for two years (with partner’s consent to divorce) or separation for five years (without partner’s consent).

That’s all set to change from April 6, when so-called no-fault divorce is introduced. This will allow the dissolution of a marriage without the need to show wrongdoing by either party.

(Commentators have also surmised this may have played a part in 2020’s divorce rate drop. Separating couples who did not want to have to prove fault may have waited for the legislation to come in. It had been set for introduction in autumn 2021 but was delayed.)

We wait to see how exactly the new system works. Our advice would always be to seek professional legal advice at the earliest opportunity if thinking about divorce or separation.

It is always important to be aware of all the options and implications. That way informed decisions can be taken about important matters such as family, finances and relationships.

What is family mediation?

Posted on January 19, 2022 by - CHILDREN, FINANCES

For divorcing couples, family mediation can help sort out disputes without the need to go to court.

Mediation is a more informal way to resolve the conflicts and issues that can arise in divorce. The process is less stressful and quicker than going to court and therefore can also save money.

An independent, professionally trained mediator helps separating couples work out arrangements for children and finances following separation. Crucially these arrangements have to be acceptable to both parties.

Most arrangements need some give and take on both sides. Even so an agreed outcome is almost always preferable to the imposition of a solution by a judge.

Registered mediators can provide general legal information, but they cannot provide legal advice for your situation. For example, they can tell you what the law states about financial settlements on divorce in general, but they cannot apply that to your particular circumstances.

We recommend that legal advice is still taken as it can turn the written agreement into a legally binding document. You can consult your family law solicitor at any point in the process. Often it is best to do this both during the process and on any proposals that are agreed.

Family mediation vouchers

We’ve worked with many excellent mediators over the years, though it’s important to stress that every divorce is distinctive and not all are suitable for this approach.

Mediation is in the news right now as the Government has put funding in to support more divorce cases being resolved in this way.

Since being launched last March, separating couples have used 4,400 £500 Government vouchers to help fund their mediation.

This week the Government announced an extra £1.27 million is being invested in the scheme. That’s after research found  77 per cent of cases reached full or partial agreements away from the family courts.

Lord Chancellor and Secretary of State for Justice, Dominic Raab, said: “I want to see children and their parents spared the stress and conflict of the courtroom as much as possible, and I’m delighted that thousands more will now have the opportunity to resolve their disputes in a less combative way.

“At the same time, it will free up vital capacity in the family courts to ensure the system can recover quickly from the pandemic.”

Want to know more and to see whether mediation is suitable for you? Call our free phoneline on 0800 285 1413 or email info@merrick-solicitors.com.

→ We spoke with mediator Maura McKibbin previously about helping separated parents make new plans for holiday periods.

Award shortlisting for innovative Heather

Posted on December 21, 2021 by - Merrick News, WORK

We’re delighted that Merrick’s Practice Manager has been recognised for her innovation in helping clients.

Heather Waight has been shortlisted in the inaugural Innovation Awards run by legal software supplier Zylpha.

The awards acknowledge the legal practices and lawyers that have used Zylpha’s digital document bundling software most extensively and creatively within their practices, often transforming previously unwieldy manual document bundles.

Heather oversaw the introduction to the digital system during the first lockdown. She has been shortlisted in the Outstanding Individual Achievement category.

The production of court compliant document bundles is an important part of our case management. Most hearings and conferences are still being conducted remotely.

Working this way helps the environment by reducing stationery, photocopying, paper file storage and courier costs.

The category winners, who will be announced in January, will each receive an award.

Well done, Heather!

Posted on December 20, 2021 by - Merrick News

As we head towards the Christmas and New Year break we want to remind anyone who needs it that our free helpline remains open.

With Covid infection levels once again on the rise and many people concerned about limiting personal contact with others, our helpline is available for those who need legal advice on divorce, separation, children and other relationship issues, including domestic abuse.

The helpline – 0800 285 1413 –  is open seven days a week from 8am to 8pm to give you access to the expertise and support of our team.

Merrick march on for charity fund-raiser

Posted on September 30, 2021 by - Merrick News

Team Merrick powered their way through the 10-km Manchester Legal Walk to raise more than £440 for vital advice services.

The event was organised by the North West Legal Support Trust (NWLST). This grant-making charity raises and distributes funds to support free legal advice services and access to justice across Cumbria, Lancashire, Merseyside, Cheshire and Greater Manchester.

The charities backed by the NWLST help to support the poorest, most vulnerable and disadvantaged members of society. They provide free legal help to people facing problems such as homelessness, debt, employment, family issues, mental health problems, discrimination and injustice and they desperately need funds to support their work.

The need for free legal advice centres has grown in the past few years. The recession, and more recently the impact of Covid-19, has increased poverty and reduced support services. Meanwhile, funding for the advice centres themselves has reduced.

Access to justice has always been an important issue to Merrick’s Principal, Amanda, who was therefore keen to get her team involved in the walk. Whilst talking with two first year Manchester University law students during the Oxford Road part of the walk, Amanda said ‘everyone should be entitled to legal advice – that’s why we’re doing this’.

Amanda was joined on the walk by Merrick’s Mollie O’Connor and Keira Hand (plus Amanda’s partner, Dave, and four-legged supporter, Barney).

Mollie took on the main role of organising Merrick’s involvement in the walk and particularly enjoyed exploring the city. Mollie is a keen walker in her spare time. She couldn’t turn down the opportunity to raise some money for a good cause whilst doing something she loves.

We’re still fund-raising

Keira enjoyed the gathering at Greater Manchester Chamber of Commerce at the end, not only for the celebratory red wine but also for the socialising and networking, particularly with students.

“It’s really not that long ago that I went to these events as a student to seek advice from qualified lawyers,” said Keira. “It felt good to have the tables turned and to be able to give something back.”

The walk began at the Manchester Civil Justice Centre and took participants past Castlefield, Manchester University, Chinatown and Canal Street (to name a few). After completing the walk, Team Merrick celebrated with complementary drinks courtesy of the University of Law.

Merrick would like to thank their sponsors who helped to secure vital funds for this important cause.

There’s still time to get our contribution over the £500 mark – and assist more people!

https://uk.virginmoneygiving.com/Team/Merrick21

 

Stepping out for vital legal services

Posted on September 7, 2021 by - Merrick News

We are taking part in The Manchester Legal Walk, a sponsored 10k around the city to raise money for local advice services.

It’s an annual event – sadly ruled out by Covid last year – that raises funds to ensure people most in need get legal help they might otherwise be denied.

Advice agencies do a fantastic job. They prevent homelessness, resolve debt problems, gain care for the elderly and disabled and fight exploitation for some of the most vulnerable in our society.

The need for free legal advice has grown in recent years so we’d really appreciate any donations to help us support a really worthwhile cause.

The event is organised by the North West Legal Support Trust, which covers a wide area that includes Cumbria, Lancashire, Merseyside, Cheshire and Greater Manchester.

We’ll be stepping out on Wednesday September 29 – wish us luck!

Anyone who wants to help can donate here:  https://uk.virginmoneygiving.com/Team/Merrick21

No fault divorce delayed until 2022

Posted on June 8, 2021 by - FINANCES

Divorce law reforms will not now come into effect until April 2022, the Government has announced.

The new ‘no fault’ divorce law – which can end a marriage without legal blame at the request of just one partner – was supposed to be in operation from this autumn. However, the government has admitted it needs more time to ensure a successful transition.

A statement from MP Chris Philp, Parliamentary Under-Secretary at the Home Office, said: “The Ministry of Justice is committed to ensuring that the amended digital service allows for a smooth transition from the existing service which has reformed the way divorce is administered in the courts and improved the service received by divorcing couples at a traumatic point in their lives.

“Following detailed design work, it is now clear that these amendments, along with the full and rigorous testing of the new system ahead of implementation, will not conclude before the end of the year.

Biggest reform in 50 years

“The Government recognises the need for clarity on when these important reforms will come into force. This will now be on the common commencement date of 6 April 2022. While this delay is unfortunate it is essential that we take the time to get this right.”

Mr Philp also said the (Divorce, Dissolution and Separation) Act ‘provides for the biggest reform of divorce law in 50 years and will reduce conflict between couples legally ending a marriage or civil partnership’.

The ‘no fault’ law removes the need to prove one of:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years separation (if the other party consents to a divorce)
  • Five years separation (where there is no consent).

It also takes away the possibility of one of the couple contesting the divorce.

We’ve written previously about the new law and whether it’s worth waiting for it to come into effect before getting divorce.

If this impacts on you and you need expert family law advice, then please get in touch at info@merrick-solicitors.com or call 0161 505 1850.

Divorce figures show ‘pent up need’

Posted on March 4, 2021 by - DIVORCE

The return of schools to face-to-face lessons on March 8 is the first step in England re-opening after the third lockdown.

It’s a welcome sign that we are making progress in the fight against coronavirus. And, if all goes to plan, more restrictions will be lifted as we move through spring and summer.

The strain placed on families and individuals by the virus and the response to counter it has been immense. Never in peacetime has there been such a hammer blow to our ability to earn a living, go about our daily lives and interact with those around us.

Sadly, we know that for too many people, the restrictions of lockdown have exacerbated existing issues in some households.

Experience tells us that in those relationships already under pressure, intense periods of time spent together – such as summer holidays or at Christmas – can be the final straw. The removal of a regular routine, where work, family and social commitments occupy large chunks of time, can magnify the cracks in a relationship.

Living together in lockdown over several months can be far harder – with the added weight of health, family or financial concerns.

Spike in divorce applications

The latest figures on divorce applications give some glimpse as to what may have happened in those relationships during the last year.

Between April and July, divorce applications increased by 93% but dipped in August to below 2019 levels. The Legal Services Board, which monitor these figures, said this summer peak may ‘indicate a reticence to issue proceedings during the first national lockdown with a subsequent spike showing that pent-up need’.

This suggests that some people resolved to make a change in their relationships just as soon as they were able.

There’s no disputing that Covid-19 has given us a jolt. The last 12 months have led to many people reassessing aspects of their life and making changes that otherwise may not have been the case.

There will be those who will consider whether a fresh start is what’s required as we slowly head out of lockdown.

Our advice to those taking this step is to seek professional legal advice at the earliest opportunity. It does not commit you to any action, but it makes complete sense to understand what options and implications are involved.

Divorce or the ending of a civil partnership are decisions that have wide ranging implications for all aspects of your life. It is not a step that anyone takes lightly.

Taking on board the expertise and experience of people who ‘know the road’ can stop damaging decisions being taken that you may come to regret.

We’ve written previously about divorce during the pandemic.