Going through the divorce process can be a difficult and taxing journey and can cause a lot of emotional turmoil for those involved. Whilst a no-fault divorce has made the process a lot easier for those looking to seek an amicable separation, we would always recommend the advice of a solicitor to help you understand your rights and responsibilities during the process. Read on to find out more about the value solicitors add to your divorce and why it’s beneficial to have them on your side. Contact us today if you would like to find out more about our family law services or would like to make an enquiry.
What is a no-fault divorce?
In 2020, no-fault divorces came into force in the UK. This legislation allows couples to start divorce proceedings without needing to establish wrongdoing or fault by either spouse. Before the change in the law, separating couples needed to provide grounds for divorce, which could be one of a few reasons:
- Unreasonable behaviour – your spouse may have behaved in a way that makes it impossible to live in the same property.
- Desertion – your partner may have left you without a valid reason or without you agreeing to it, with the intention of ending the relationship.
- Separation for over two years – you and your partner may have lived apart for over two years and you both agree to the divorce.
- Separation for over five years – you and your partner may have lived apart for over five years and you can divorce whether your spouse agrees to it or not.
- Adultery – if your spouse has a romantic involvement with someone else.
The aim of no-fault divorces is to reduce defended divorce litigation, promote things ending on better terms and protect those involved from the emotional strain divorce can have, especially any children.
Why you need a solicitor for a no-fault divorce
We would always recommend seeking legal advice when considering the divorce process, as they can offer you legal advice and help you to understand where you stand when separating from your partner.
Legal compliance
Divorce comes with its own set of legalities, documents and deadlines. It can be a very complex process and solicitors have the legal knowledge and expertise to ensure all requirements are met on-time to prevent any complications or delays. Solicitors are also experienced with litigation, should you have a claim raised against you during divorce proceedings. At this point, you will need to ensure you have legal representation, provide the correct paperwork and are supported all the way throughout. This will ensure a fair outcome for both parties.
Financial Certainty
The final stage of the divorce process includes the final order (this used to be known as the Decree Absolute). This officially dissolves the marriage, but you will need a financial remedy order to go with it to ensure financial certainty. The financial remedy order isn’t something that you can receive through the online divorce process – we would always recommend that you seek the advice of a solicitor for this. A ‘clean break’ financial settlement is vital during this process so that neither spouse can make financial claims at any point after the separation. Claims can be made many years after the marriage ends.
Fair financial settlement
When divorcing, the process does not take into account the financial assets, spousal maintenance, or arrangements for the children. Solicitors can help advise on how best to split your finances so that each of you receives a fair settlement and you understand what exactly you are entitled to. For example, some spouses are entitled to claim some of their ex-spouse’s pension, so that they are able to afford their retirement.
Legal expertise
Family law is a complex subject to navigate and solicitors are experts in understanding various areas of the legislation that surrounds divorcing couples. It’s important that your rights are protected. We have access to a range of legal professionals who aim to ensure you make the best decisions possible for your unique set of circumstances surrounding family matters. You will only have one opportunity to get a fair financial settlement, so it’s vital that it is done right the first time.
Family Law advice from the experts
Divorce can be difficult for everyone involved and we understand how difficult it can be, especially if children are involved. We aim to make this as easy as possible, whilst staying by your side to help you achieve a fair settlement. The team here at Beeston Shenton have a wealth of knowledge and experience in family law and understanding the complexities of the law surrounding the issues you may be having at home or in your marriage. If you need advice on the divorce process or would like to discuss any family-related law with a solicitor, contact us today to make an enquiry. Alternatively, you can take a look at some of our other services.
