Major Family Law Changes Concerning Divorce & Protection For Domestic Abuse Victims
Family Law | Divorce Solicitors
Major Family Law Changes - Concerning Divorce & Protection For Domestic Abuse Victims
Family Law policies and procedures are becoming more reflective of today's society, a first for Family Law in 50+ years.
These significant changes to Family Law have been long awaited and will help support thousands of individuals going through the difficult times they are facing.
Despite any messy circumstances, everyone deserves to receive support getting their life back on track after. Don't face difficult situations alone, friendly and experienced family law solicitors are always on hand to give you the support you need to get your life back on track.
Introducing No-Fault Divorce... What Does This Change? Will It Impact You?
The end of animosity and acrimony between divorcing parties is in sight, no-fault divorce puts an end to the emotionally trying 'blame game'.
Contained in the Divorce, Dissolution and Separation Act 2020 there are new changes to be introduced in the near future that may impact separating couples filing for a divorce. In particular a divorce whereby neither party is at fault.
What are the current grounds for a divorce?
Existing divorce involves the separating couple taking a single divorce 'fact' to the Court to prove their valid reasoning for a divorce.
Currently, there are five facts couples can chose from, these include the following:
- Unreasonable behaviour (behaviour by your spouse which means you no longer wish to live with them)
- Adultery (your spouse has had sex with another person)
- Two years separation with consent of your spouse
- Five years separation but consent of your spouse is not needed
- Desertion (your spouse has abandoned the marriage)
Introducing No-Fault Divorce - What is new?
Newly introduced no-fault divorce allows separating couples to file for a divorce without the need to provide a valid reason for the breakdown of their marriage. A no-fault divorce can initiated by one or both members of the party by filing a statement with the court to say 'the marriage has broken down irretrievably'. Defended Divorces are no-longer valid, therefore if the divorce is filed by just one member of the party, there is no ground to stand on as the opportunity to defend is revoked. Additionally, not evidence is required to prove reasoning of the marriage breakdown.
Why will this be beneficial for separating couples?
Divorces can get nasty when parties are playing the 'blame game', these divorces easily become messy, tirelessly long and expensive. A no-fault divorce adopts an approach similar to that of a Collaborative Divorce whereby parties discuss proceedings on amicable terms. The divorce can be completed within a minimum time frame of 6 months and be done at a cheaper rate avoiding pricey court costs. Opting for a no-fault divorce can have added benefits for minimising the stress and upheaval any children involved may experience.
What is the process of a no-fault divorce?
Generally speaking, a no-fault divorce will involve a conditional divorce order by the court, followed by the final divorce order.
A period of 20 weeks (minimum) after initiation of the divorce must have elapsed before applying for a conditional court order, this allows time for both parties to reflect on their decision to divorce. A further 6 weeks (minimum) must pass before a final divorce order can be applied for.
Greater Legal Protection Announced For The Victims Of Domestic Abuse
Major overhaul of family courts to protect domestic abuse victims and their children.
Changes contained in the Domestic Abuse Act 2021, highlights greater protection available for victims of domestic abuse and their children (if involved).
Greater Protection For Domestic Abuse Victims
Recently, there has been a major overhaul of family courts to protect domestic abuse victims and their children.
The Domestic Abuse Act (2021) highlights new protections for victims of domestic abuse. The act outlines the definition of domestic abuse recognising both physical and mental abuse of all kinds.
The most significant changes:
- More victims to receive special protections in court
- Stronger powers for judges to prevent abusers repeatedly dragging a victim back to court
- New investigative court process trialled to reduce conflict
These new changes in law will make significant changes in a victim's life. Providing victims with a greater sense understanding and support when it comes to accepting they are a victim of domestic abuse and gaining the courage to remove themselves from the situation.
Regular updates as and when these new changes come into affect will be made on our Facebook Page. Like to keep updated.
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