Statistics from HM Courts & Tribunals Service revealed that 12,978 applications were made under the new non-fault divorce system in April 2022. Last year the courts received 6,764 digital and 1,965 paper applications.
The significant spike in the figures when compared to the same period last year, make it clear that most separating couples prefer not having to provide evidence of ‘conduct’ or ‘separation’. The figures suggest that bringing in ‘no fault’ divorce has achieved the objective of making separation much simpler – now the only requirement is to give a statement of irretrievable breakdown of the marriage or civil partnership.
In turn, it is hoped that the new ‘no fault’ regime will reduce anxiety and conflict for all involved, instead putting more focus on dealing with any children and the fair division of assets. Some people, of course, may feel disappointed that they cannot have their ‘day in Court’ and cite their partner’s infidelity or unreasonable behaviour, but ultimately as family lawyers we encourage a more amicable split, especially when children are involved.
So, what’s changed?
There are a number of changes aimed at making the divorce process easier for separating couples, such as the change of the language used. The archaic Latin language previously used, such as “Decree Nisi” has been changed to a “Conditional Order” and the “Decree Absolute” has been changed to the “Final Order”. The objective is to help each side more confidently navigate the divorce process themselves as a “Litigant in Person” without necessarily needing legal representation.
In response, at Sweeney Miller Law, we have reduced our fixed fees for dealing with the procedural side of the divorce as, although the divorce is technically more straight forward, splitting couples still need to consider the significant implications of divorce for them and their family. For example, divorce can affect your tax position, pension entitlements and inheritance position, which is why specialist advice is recommended.
Divorce is just the beginning
Whilst simplifying divorce is welcome, it is important to remember that the technical divorce process is separate to the often more complex division of assets and financial settlement, as well as dealing with arrangements for any children; it is therefore advisable to get specialist legal advice about these issues when contemplating or during divorce or separation. Even if you are divorced, without a financial consent order approved by the Court, you are open to a claim from your former spouse at any time in the future. There is no time limit on claims until the agreement is made legally binding.
That said, we often hear couples say they have done their own divorce, and ticked the online box confirming they did not wish to apply for a financial order. This is one of the occasions where the “DIY Divorce” becomes problematic.
Ticking “yes” will not start a Court case in relation to your finances, but it means you can make an application in the future. If you tick “no” and you remarry or form another civil partnership you usually won’t be able to apply for a financial order.
Clean break
A simple “clean break order” may be possible in situations where there has been a short marriage with no children or shared assets and Sweeney Miller offer fixed fees for splitting couples in these situations. However, for couples who have shared a long marriage, have children and/or shared assets, then there is far more to consider and financial disclosure is a Court requirement to reach a fair settlement between the splitting couple.
Splitting assets
It is important to remember that all assets are considered in any settlement, including pensions. Pensions can often be valued more than the family home and should not be forgotten. Pension sharing in divorce is a highly complex area where pension specialists are needed to confirm how the pension should be valued and be split if necessary. Not all pensions will be split or shared, and it is therefore important to get specialist advice on how best to protect your future wealth.
The Sweeney Miller Law family team has excellent connections with financial and pension advisors. In addition, we have a large conveyancing team which can help with the sale or transfer of the family home, as well as an experienced commercial team to assist in dealing with your company on divorce. We also have an Estate Planning team that can help you create a Will to reflect your new wishes. We help clients from start to finish with their divorce and financial settlement and offer a free initial no obligation 30-minute consultation.
