Divorce is rarely easy, but a new Bill is set to end the ‘blame game’ experienced by divorcing couples.
The Divorce, Dissolution and Separation Bill was first introduced in June 2019, but twice came to a standstill due to Brexit discussions and the UK General Election. The proposed Bill is now being backed by MPs and aims to reduce family conflict by incorporating a ‘no fault’ process to divorce. If the Bill passes, it would mean divorcing couples will no longer have to blame one another for the breakdown of their marriage.
What does this mean for divorcing couples?
As it currently stands, when an individual files for divorce they must state it against evidence of at least one of five ‘facts’; adultery, behaviour, desertion, two years’ separation (if the other spouse consents), or five years’ separation (if the other spouse disagrees).
The new proposition pledges to remove unnecessary conflict during the divorce process. The Divorce, Dissolution and Separation Bill will substitute the requirement to evidence by ‘fact’ with a statement of irretrievable breakdown. Spouses will no longer be able to contest the divorce, although divorces will remain contestable on grounds such as coercion or fraud.
A positive approach
The Bill aims to create a neutral outlook for divorce, with the Government stating a commitment to reducing the levels of harmful conflict between parties by avoiding confrontation wherever possible and reducing the potentially damaging effect it can have on children.
The introduction will also include a 20-week period between initially filing for divorce and when the divorce is completed. The will bring a state of reflection whereby the chance to turn-back is still possible, or alternatively, if divorce is the only option it will better enable couples to make arrangements for the future.
The Bill has not yet come into force as law, but is expected to receive Royal assent imminently. If your marriage is no longer reconcilable we understand that coming to this decision is not always easy. Our experienced team of family solicitors approach each matter with care and compassion, to help you through this difficult time. If you’d like to know more, or wish to speak to a specialist solicitor, please don’t hesitate to contact us today on 02392 98 1000 or email firstname.lastname@example.org
We have set out below a full list of the services our Family Department can provide whatever your circumstances. If you do however have a query which does not relate to any matter detailed below, please do contact our Family team who will endeavour to assist you.
Divorce or Civil Partnership Dissolution
Whether you are the Petitioner or the Respondent within proceedings or whether you are simply contemplating the same we can provide guidance throughout the entire process. We can assist with:
- Drafting of documents
- Negotiations with the other party
- Correspondence with third parties such as the Court
- Advice face to face, by telephone, by email.
Pre-Nuptial and Post-Nuptial Agreements
Whether you are planning to marry or indeed have now married and wish to formalise arrangements in the event of separation we can advise and assist with the following:
- Drafting agreements
- Negotiating settlement
- Corresponding with all parties
Whether you are married or living together and in the event you decide to go your separate ways we can assist in formally documenting terms of separation. We can assist in the following ways:
- Drafting Separation Agreements whether in contemplation of divorce or whether to simply record the split of a cohabiting couple
- Negotiations with third parties
- Providing you with advice whether face to face, by telephone or by email.
Arbitration is an alternative to resolving disputes through the Court. At Verisona Law we can assist in a number of ways either by assisting you through the Arbitration or by referring matters to our in house Arbitrator. We offer competitive arbitration rates and a member of our team will be happy to assist with any queries in this regard. Please see our current articles on Arbitration for more details about the process.
If you have chosen not to marry but wish to live together you may wish to formalise the arrangements and details for doing so. We can assist in the following:
- Drafting cohabitation agreements/living together agreements
- Negotiations with all parties
- Advising you in person, by telephone or email as appropriate.
Divorce where Business are involved
We have extensive experience in dealing with breakdown of marriage where one or both parties are owners of businesses or indeed it may be the family business. We have experience in providing you with advice and signposting for business valuations and will ensure that the business as an asset is dealt with appropriately within any proceedings.
In addition to being able to provide specialised advice in relation to Public Sector pensions our team at Verisona Law has vast knowledge concerning all pension arrangements and can ensure that they are dealt with appropriately within any divorce proceedings. Please seek advice from a member of our team.
We are able to advise on all aspects of Parental Responsibility including:
- Agreements / Orders
- Exercising your Parental Responsibility rights and duties where appropriate
- Arising out of Parental Responsibility we can advise on applications for a Specific Issue Order to the Court if appropriate.
If you have any queries concerning Parental Responsibility and its impact on you or indeed whether you have Parental Responsibility for your children, please seek advice from a member of our team.
Assisting through Mediation
Whilst we do direct a number of matters through Mediation, this does not mean that you cannot have legal advice throughout the process. We can advise and assist you through the Mediation process and arrange thereafter to draw up formally any agreement reached be this by way of a Consent Order in divorce proceedings or simply to record in an open document the agreement you have reached at Mediation concerning the subject of your dispute.
Whether you are married or otherwise, or indeed simply have an interest in a property owned by another we can provide you with advice and assistance including;
- Applications to the Court
- Negotiations with all parties
- Advising and assisting you face to face, by telephone or by email.
This is an alternative way to resolve family disputes without the involvement of the Court. The Collaborative process requires both parties to have a Collaborative Lawyer and endeavours to resolve any disputes by way of four way meetings. We at Verisona Law can assist you through the Collaborative process. If this is an avenue of resolving dispute that you would be interested in, please contact a member of our team.
We at Verisona Law can provide you with advice and guidance concerning any disputes you may have relating to your child. This may be with whom the child lives, with whom the child spends time with, a specific issue concerning a child or steps that you wish to take to prevent something happening (Prohibited Steps Order). We can also advise you in relation to maintenance disputes with a third party guidance with dealing with the Child Maintenance Service. If you have a query with any issue concerning your child please contact a member of our team.
Change of Name
Please contact a member of our team if you are interested in changing your first or surname to discuss the drafting of a Change of Name Deed. We offer a fixed price for a Change of Name and we can provide you with further information upon request.
I went to Verisona Law because I had been unsatisfied with two previous attempts with other firms. Verisona gave that real sense of service, made.me feel like a client they were happy to assist at all times and ultimately gave the BEST advice and guidance. Dont waste money; go to Verisona FIRST!