Category: Family Law

In April of this year, the law on divorce is set to change. ‘No fault divorce’ will allow couples to divorce without having to cite blame.  They will no longer need to rely on one of the 5 facts (behaviour, adultery, 5 years separation, 2 years separation with consent, desertion). This change hopes to reduce conflict and encourage amicability during an understandably stressful time for couples.

However – this change in law does not come without its misconceptions. We have explained and clarified 3 of the most common divorce myths below –

There is unfortunately no such thing as a ‘quickie’ divorce. Under the current law, there is a 6 week and 1 day waiting period between the Decree Nisi (second stage of divorce,) and the Decree Absolute (final divorce stage). The rationale behind this is to encourage the parties to reflect on their decision to divorce.

Under the new law, this is still encouraged. Parties are to wait 20 weeks from filing their divorce petition to being able to proceed with an application for the Decree Nisi. Once this period is up, the Applicant will need to confirm they want to proceed with the divorce. Therefore – the new framework will not ‘speed’ divorces up, however it does provide for a more amicable end to marriage.

Not necessarily – removing the blame aspect does not make the divorce process any shorter or necessarily cheaper. Ultimately, it is the parties’ behaviour during the process which determines how long the process may take. When the parties remain amicable, there are less likely to be disagreements, and therefore fewer delays as a result.

Under the current legal framework, only one person, namely the ‘Petitioner’ can apply for the divorce. However, under the new law due to take effect in April 2022, couples can jointly apply for divorce. And as the need for blame has been removed, there is now no option for the other party to contest the divorce application.

Other changes to the law include updated terminology. The ‘divorce petition,’ which is the initial Court document by which an application is made, will be referred to as the ‘divorce application,’ and the ‘petitioner,’ or party initiating divorce proceedings, will be known as the ‘applicant.’ The ‘Decree Nisi,’ which is the second stage of divorce, will be known as the ‘Conditional Order,’ and the ‘Decree Absolute,’ currently the final stage in divorce proceedings, will be known as the ‘Final Order.’ The 2 stages of divorce remain; however, the names will change.

If you would like advice on no-fault divorce, contact the Family Team on 0161 624 6811. Our experienced legal team will ensure the divorce process is as least stressful as possible for you, with guidance and regular updates along the way. Our divorce solicitors are members of Resolution (an organisation committed to collaborative problem-solving in family proceedings). This means we will ensure your divorce is handled in a non-confrontational, efficient, and smooth manner.

This is often a question I am asked, and my answer is almost always “I’d much prefer it if they do”.

In family law, people very often have ideas about what is “fair” and this term means different things to different people.

You might believe you know what a fair outcome would be and often what an unfair outcome would look (or feel) like, but this is a subjective view, and the law needs to apply the term objectively.

The law governing who gets what on a divorce is discretionary meaning there is a range of outcomes that would be considered fair.

Six different judges on six consecutive days presented with the same facts are likely to make six different orders. As along as each of the orders are within what is considered a “reasonable range” all may be valid.

When each party has an experienced solicitor acting for them, they will know broadly what that range is and encourage negotiation and settlement within it.

Without the benefit of objective advice an unrepresented party can dig their heels in believing their fairness is the only possible right outcome and if their view is outside the reasonable range, it becomes very difficult to reach an agreement.

You might say, I worked all my life to build that pension pot, so my spouse is “not getting a penny of it”. With the benefit of good advice, you would (sensitively) be told that is not the approach the court will take (and why). You would be encouraged to change that view it if there is to be any chance of an early/amicable settlement being achieved.

If one party is unrepresented a case is more likely to end up at a costly final hearing.

Having an unrepresented party inevitably leads to higher costs and things take longer as the unrepresented party has to have matters that they would otherwise been made aware of explained to them (not advice just explanation).

For the above reasons, my view is that having the other party on a case without legal representation is usually a bad thing.

Early legal advice almost always saves money in the long run so if you are thinking about or are ready to separate, we are here to assist and guide you.

Our Family Law Solicitors are committed to helping you with skill, compassion, and good old-fashioned common sense.

January is traditionally one of the busiest months for family law solicitors.

For some people it means the ending of a relationship that has perhaps not been working for a while, if that is you then taking early legal advice can pay dividends later.

Making that first call to get some advice is often the hardest bit so here are a few tips/pointers to help.

• Ask yourself can your marriage or relationship be saved? If you think it could but you might need a bit of help then consider counselling, either alone or together (see talklistenchange.org.uk- previously known as Relate). If, however it cannot then it is time to take some specialist
• Be prepared to answer some basic questions; how long you have been together? Are you are still living together, or have you already separated? Do you have any children? If so, how old they are? Are the arrangements for their future care agreed or do you need help with this? Can you provide broad details of your own and your partners income, savings, other assets (a business perhaps, a holiday home abroad, a family farm?) and pensions?
• Once we know a little bit about you and what you want, we will be able to ensure you get the most appropriate solicitor to help you. The right person for you is as much about their skills and experience (our solicitors have more than 35 years’ experience between them!) as it is feeling comfortable with them.
• The cost of consulting a solicitor is often a worry and can prevent some people taking early advice, we understand this. We offer an initial short consultation (either by telephone or in the office) after which you decide whether you wish to proceed having understood what it will cost you and how you will fund your case.

Both Rhona and Terri are members of Resolution; an organisation of family justice professionals who work with individuals to reduce/ manage any conflict or confrontation who understand the emotional and financial consequences of a separation and will guide you through the process to get the best outcome for you and your children.

Contact us on 0161 624 6811.

The ruler of Dubai, Sheikh Mohammed bin Rashid Al Maktoum has applied to the Supreme Court for permission to appeal a Court of Appeal ruling to try to prevent the publication of two judgments containing details of his relationship with his youngest wife, Princess Haya who had fled to London with his two children.
She applied for the children to be made wards of court, and for a forced marriage protection order in relation to one of the children and a non-molestation order.

The sheikh is now fighting a decision by Sir Andrew McFarlane, president of the Family Division, to allow publication of his judgments.

The Court of Appeal said that thes two rulings relate to “certain disputed factual issues” and “issues arising out of the special position of (Sheikh Mohammed) as the sovereign and head of government of a foreign state”.

However, the court rejected an application by the sheikh to prevent them being released.

The application will be referred to three Supreme Court justices – Lord Hodge, Lord Wilson and Lady Black.

Wrigley Claydon Solicitors have been trusted for 225 years and have offices in Manchester, Oldham and Todmorden

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