17 October, 2022
In case this news has passed you by, the law on divorce changed in April 2022 for the first time in over 5 decades. It is no longer necessary to allege 'grounds' for a divorce against your spouse. A step that has been long campaigned for amongst Family Lawyers, as far back as November 2016. I and a contingent of fellow lawyers attended the Houses of Parliament to lobby our MPs about the need for the change. Happily, at long last this has been brought into law. The process for obtaining a dissolution of a marriage is a more dignified and does not require a list of faults/behaviour you allege against your other half. The current Divorce system is centralised in Bury-St-Edmonds Court, with all new applications to be lodged online.
Once lodged with the court there is a statutory waiting period before the applicant can apply for a conditional order and then a final order. During these months it is useful for the separating parties to look at how they are to divide their assets. There are several ways to approach the method to achieve a division of the assets.
Before any process is entered into, it is crucial that there is a full disclosure of all assets, and that such disclosure include an up-to-date valuation, including any pension assets, property valuation and any investments or business interests.
It is essential to anyone facing divorce and separation to seek independent legal advice at the earliest opportunity, the more valuable the assets, the more important it is that you consult a lawyer with the expertise in Financial Remedy matters. It is particularly important to take advice when there are pension assets or business assets. Choose your lawyer carefully, and ensure they have the expertise you need.
For more information contact Nicola Rushton in our Family/Divorce department via email or phone on 01254 580 000. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
Learn more about our Family/Divorce department here