New Divorce Law
New Divorce Law Came into force on the 6th April 2022. No Fault Divorce makes it Simpler and Less Traumatic for Couples to Separate. No Fault Divorce means no blame is apportioned. Parties simply provide a statement saying the marriage has broken down without having to evidence "unreasonable behaviour".
The new law will not however impact on resolving a Financial settlement or issues relating to children, but may make finding resolution to those issues more pressing.
The couple can file for a no-fault divorce after 12 months of marriage together if both agree, or individually if one wishes to press on.
A minimum 20 week time frame applies between the start of proceedings and a Conditional Order.
The idea is that this is the reflection time to see if the marriage can still be made to work or whether financial /children issues need to be resolved.
It is of course a Period where all these immediate issues can be amicably discussed in Family Mediation.
Under the Divorce, Dissolution and Separation Act, the government set the 20-week reflection period as a minimum and a further 6 week period to end the marriage.
Clearly, there should be no rush to move through the process too quickly and indeed vitally important couples fully consider and discuss the best ways forward.
Mediation will not work for every couple, but where it does work, will result in a settlement at a fraction of the costs of issuing proceedings. Similarly, if matters are not totally agreed often substantial progress has been made.
Memorandum of Understanding
If you reach a decision on some or all issues, we will set out your proposals in a document called Memorandum of Understanding. If the mediation involves financial matters we will, in addition, produce a financial summary [Statement of Finances] which sums up the financial information. These documents will then be provided to your solicitors for them to provide formal legal advice and indeed to formally explain and approve with you and or to raise any further issues for negotiation.
