With the first working Monday of January dubbed ‘‘divorce day’’, many associate the New Year with new beginnings. Similarly, September can be a time of change and statistically is another busy month in a family lawyer’s calendar known as the “September Spike.”
Very often the “spike” arises out of parents getting their children back to school or grown up children off to university following the increased family time over the summer with people wanting to address the changes they wish to make and to seek legal advice arising from a separation. All of this is of course much easier when the family dynamic resumes and routines are once again established.
Whilst wanting to ensure that arrangements for the children can be made to preserve their welfare and best interests, it is also to consider whether there are grounds for divorce.
The only ground for divorce in this jurisdiction is the irretrievable breakdown of the marriage. In order to establish this, one of five facts prescribed by the Court must be relied upon. These are currently adultery, unreasonable behavior, two years separation with consent, desertion and five years separation with no requirement for consent.
Whilst a change in law has been made approving no fault divorces, they are not due to come into effect in England and Wales until April 2022. If you are considering a divorce based upon no fault, it is important to discuss with your lawyer the implications of waiting and the impact this could have upon any financial settlement you are seeking to achieve.
Currently, the most common fact relied upon is unreasonable behavior because it allows parties to divorce without having to wait for a period of two years to pass after separation. Whilst many are concerned about the impact of mounting an unreasonable behavior petition because essentially one party must place the blame for the breakdown of the marriage on the other, the reality is that the most contentious part of any divorce is normally in relation to the finances.
It is important to establish how the practical and financial matters can be resolved, both while the divorce is being progressed and longer term by way of a formal financial settlement. This is important regardless of the level of assets involved or the level of agreement between the parties as to how such assets are to be distributed.
There are various ways of settling the matrimonial finances following separation. Some parties are able to reach an agreement directly between themselves. If this is not possible, some parties find mediation to be helpful in assisting them to reach an agreement. It is also possible to negotiate through solicitors. Court proceedings are usually viewed as a last resort, but in some cases will be necessary. However, once the finances are resolved it is always advisable to have an agreement drawn up into a legally binding Consent Order as no finality can be achieved without this. The consequence of not having a legally binding Consent Order is that the parties’ respective financial claims remain open until they either re-marry or die and a financial claim may be brought until either of these two events occur.
How Blaser Mills Law can help
Expert legal advice can be pivotal to the outcome of a divorce, children arrangements and financial settlement. Being guided and advised by an experienced family lawyer will ensure the best achievable outcome. Our team at Blaser Mills Law are highly experienced and have a wealth of knowledge to assist you in providing advice with regard to your desired outcomes in a sensitive and empathetic manner. We are here for you.
To speak to a member of our Family and Divorce team, please call 020 3814 2020 or email family@blasermills.co.uk