Deluge of divorce cases expected this spring

New ‘No Fault’ rules come in to force on April 6th

Lancashire’s Vincents Solicitors is gearing up for an expected spike in divorce enquiries on April 6th. That’s the day the new No Fault Divorce laws come into force.

The biggest change for almost 50 years, the Divorce, Dissolution and Separation Act 2020 aims to make divorce quicker and easier, to reduce the amount of animosity between separating couples, and the harm it can cause to children.

The Ministry of Justice is removing the ‘reasons’ for divorce, which require one party to blame the other for adultery, desertion or unreasonable behaviour.

The new rules allow one or both parties to file for a No Fault Divorce on the grounds of irretrievable breakdown, and contesting the divorce will no longer be allowed.

But while April 6th is expected to be the busiest day of the year for new divorces being filed, there has been a flurry of activity in the run up as some people wanted to start their proceedings under the existing rules before the final day on March 31st.

Vincents has more than doubled its divorce team over the last year making the department well placed to deal with the uplift. Highly experienced solicitor Angela Garvey has joined department head Mark Mosley at the Preston office while notable divorce lawyer Mary Lowe has brought her four strong team to launch the newly rebranded partnership Mary E Lowe at Vincents Solicitors in Lytham.

Mary Lowe said: “This is a huge moment for families and a win for common sense. The first major change in almost 50 years designed to help couples to divorce in a more straightforward way, without the system forcing conflict upon them, is something we and our professional body Resolution have been calling for to help reduce the trauma of divorce.

“Sadly we’re seeing an increase in people separating at the moment, chiefly because of the pressures of lockdown on relationships. After making enquiries with us about the changes, many people are waiting until after April 6th to start proceedings and make the most of the new process although we did have a surprising flurry of activity from people wanting to proceed under the existing arrangements before the March 31st deadline.”

By removing the requirement to assign blame from April 6th, it is hoped couples will benefit from the more cooperative procedure for themselves and their children, and reduce ongoing animosity. It is also designed to help those in abusive relationships as they’ll no longer need agreement from their partner, who could previously contest the divorce.

While a No Fault divorce is currently possible, it takes many years to achieve. It requires proof of separation for at least two years – if both parties agree on the divorce – and five years if one party will not provide their consent.

It is expected the new process, which is an amendment to the Matrimonial Causes Act 1973
will take around six months to finalise. There will be a minimum of 20 weeks from the presentation of the petition to the application of a conditional order (previously the Decree Nisi) then a further six weeks until applying for the final order (previously the Decree Absolute).

“While the basic costs will remain the same, the timeframe is expected to be slightly shorter,” said director Mark Mosley, head of Vincents’ Family Law department.

“We’re pleased the law wants to reduce conflict by removing blame and making the process easier, and that really resonates with our clients who don’t want their lives ruined by divorce. Creating a process where both partners accept the relationship is over and want to move on with their lives without traumatising their children is a very welcome move.

“But, as there are no changes proposed with regards resolving disputes about children and financial matters, there is still the possibility of conflict arising during those negotiations. We strongly recommend people take the Resolution approach and work with a solicitor to ensure that process is as smooth as possible.

“And the changes are by no means an open door for DIY or online divorce. The paperwork may seem more straightforward but it’s the detailed agreements on financials and childcare which really matter to people, and no one should try to navigate that alone.”

For more information about the changes or for an informal chat with a member of the Divorce Team please call 01772 205 404 for Mark Mosley in Preston or 01253 773 377 for Mary Lowe in Lytham.

Pictured: Mary Lowe and Mark Mosley