At LGFL, we don’t often advocate a speedy approach to divorce. However, for couples who are considering separating, now may seem the right time to act, as the Divorce, Dissolution and Separation Act 2020 was passed almost a  year ago.

However, the Act won’t actually be implemented until April 2022, which is a long time to wait.

Implementation date confirmed in April 2022

The Divorce, Dissolution and Separation Act 2020 will come into force on 6th April 2022, according to the Parliamentary Under-Secretary (Home Office) Chris Philp. This is a fixed date as a matter of Parliamentary record rather than the indicative timetable previously given by the government.

Considering that the Act was given Royal Assent almost a year ago, this is a significant delay. Many couples who were waiting for a no-fault divorce won’t be able to wait any longer. Whilst as divorce lawyers we find the delay very disappointing, it does at least give clarity, as no-fault divorce campaigner Nigel Shepherd, the former Chair of Resolution said: “We do now have certainty over the introduction of this important reform, and will be able to advise clients accordingly.”

A smooth transition

The date wasn’t officially announced but was given in a reply to a written question by MP Jane Stevenson to the Secretary of State for Justice. In his reply, Chris Philp MP stated that the Ministry of Justice needed to “devise some key new procedures” including:

• Significant changes to Family Procedure Rules
• Amendments to family court forms
• Changes to the online digital divorce service
• Update the information on gov.uk

According to Philp’s reply, the overall aim is for a “smooth transition” from the existing system to a digital system that will:

“Improve the information and signposting for couples when they navigate the legal process of divorce, dissolution or separation … While this delay is unfortunate it is essential that we take the time to get this right.”

Until the Act is implemented, as Resolution lawyers LGFL can draft a petition for you that is not antagonistic and is acceptable to both parties. Call us to arrange your initial fixed fee 1 hour appointment to discuss your situation and our empathetic and pragmatic approach to divorce.

No-fault divorce now starts in April 2022

If you feel that is too long to wait, call us. We offer an initial fixed fee 1-hour consultation, so you have time to really talk through your situation and your options.

No-fault divorce is getting closer, as the long-awaited Divorce, Dissolution and Separation Bill 2019-20 is finally progressing through parliament. The bill may not be a top priority for government at present, but with the divorce rate predicted to rise as already fragile marriages are likely to feel the strain of lockdown, it may soon become one.

One single ground for divorce

At present, there are only five grounds for divorce, three of which require the allocation of blame to one party.

• Adultery
• Unreasonable behaviour
• Desertion
• Living apart for more than two years and with both agreeing to the divorce
• Living apart for at least five years, even if your spouse does not agree

No quickie divorce on the table

For those expecting this Bill to include the option for a ‘quickie’ divorce, it doesn’t. In fact, quite the opposite, as the Bill would lengthen the divorce timescale rather than shorten it.

Currently, 40% of divorcing couples are granted a degree nisi within 12 weeks. However, under the new Bill, you must wait for a minimum period of 20 weeks from the initial petition before a judge can grant your degree nisi. That’s a much longer wait than at present, and could really slow down your divorce even if it’s really straightforward.

Need a divorce now? Call us to request a free 30-minute consultation to discuss your situation. (T&Cs apply.)

New words, old meanings

As divorce lawyers, we’re constantly seeing legal terminology changing with new legislation. It’s designed to help make the divorce process more understandable, but sometimes we do wonder if it’s worth it! The revisions in this Bill include:

• “decree nisi” becomes a “conditional divorce order”.
• “judicial separation” becomes “a judicial separation order”
• “divorce” become “a divorce order”

No more Tini Owens scenarios

Tini Owens wanted to divorce her husband of 40 years. He refused, even though they had lived apart since she had moved out. She appealed to the High Court in 2018, which rejected her appeal on the grounds that her husband’s behaviour had not been unreasonable. This forced her to wait the full five years until she could finally divorce her husband without his consent in 2020.

She wasn’t alone; other spouses had refused to divorce even after five years of separation on the grounds that they would suffer grave hardship. The Bill removes the ability for one spouse to contest the divorce in court. So, no more waiting game.

Where is the Bill now?

The bill has currently just had a first reading in the House of Commons, having been debated and amended by the House of Lords. There’s no date set yet for a second reading, but it is making progress with just four stages to go. You can follow the Bill’s progress at the Parliament site.

Expert divorce advice from LGFL

As experienced divorce lawyers, we have long argued that a no-fault divorce process would be fairer and more suitable to today’s society. In particular we would support any changes that reduce the emotion distress of divorce on both parents and children, and retains more amicable relations between divorcing parents.

What’s more, as Resolution family lawyers, we will not write inflammatory petitions unnecessarily as we follow their code of practice. You will always get to approve all petitions, written with the benefit of our professional advice and decades of experience.

If you’re uncertain what approach is best for you and your family, call us to book a consultation to discuss your particular circumstances.

Changes to the legislation for the grounds for divorce, the Matrimonial Causes Act 1973, have been announced by the Justice Secretary. When passed by parliament, these changes will finally end the need for the ‘blame game' when filing for divorce.

The proposed legislation would only require a statement of irretrievable breakdown of the marriage as the sole grounds for divorce. It will also abolish the ability for one spouse to contest a divorce, as happened in the Tiny Owens case.

New to the legislation is the requirement for a six month minimum timespan from the divorce petition to the granting of the divorce. This is to allow for a period of ‘reflection’ for the couple. Also new is an option for a joint application for divorce.

The two-stage legal process of decree nisi and decree absolute will remain, as will the currently required six-week gap between decree nisi and decree absolute. The law governing the dissolution of a civil partnership would also be changed.

According to Justice secretary David Gauke, the new legislation would be introduced "as soon as Parliamentary time allows”. Mr Gauke said he:

“Firmly believes now is the right time to end this unnecessary blame game for good … Hostility and conflict between parents leave their mark on children and can damage their life chances. While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

If you’d like to discuss your options for divorce, do contact us for a free 30-minute consultation either in our discreet countryside offices just outside Reading, or our new exclusive-use office at Spaces, in Reading city centre.

“Good” and “divorce” are not necessarily common bedfellows. Messy and acrimonious divorces take their toll on not just the couple involved but their immediate family too, and especially their children.

For their annual awareness raising campaign, the family law charity Resolution is turning the spotlight on “how separating or divorcing parents can limit the impact of conflict on their children.” Resolution is an organisation of family justice professionals who believe in a constructive, non-confrontational approach to family law matters.

Good Divorce Week 2018

From 26-30 November, they will be explaining and promoting the value of ‘no fault’ or ‘no blame’ divorce. Under the current legislation, one party needs to be cited as ‘at fault’ in a divorce. Resolution and many other groups are pressing for reform in divorce law that would remove the need for allocating blame.

Informing your MP

Resolution will be holding a Parliamentary briefing session for MPs on Friday 28 November, to inform them of the current situation and how separating parents can work to put the best interests of their children first. As an example, Resolution point to a national survey, in which:

• “62% of petitioners and 78% of respondents said that in their experience using fault had made the process more bitter
• 21% of fault-respondents said fault had made it harder to sort out arrangements for children
• 31% of fault-respondents thought fault made sorting out finances harder”

If you believe a no fault system is best for families, who not email your MP and suggest they attend the Parliamentary briefing.

Divorce without blame

“In 2012, there were over 72,000 divorces where adultery or unreasonable behaviour were cited. People should not have to go through this blame charade to bring their relationship to a dignified conclusion and move on with their lives. A civilised society deserves a civilised divorce process.” (Resolution)

The Family Law Act 1996 actually provided for divorce without blame, but was never enacted. The Family Mediation Taskforce also recommended that divorce without blame be introduced, in line with countries including the United States, Australia and Spain. This change is both wanted and needed in England and Wales.

Brighton and the blame game

In 1923, wives first gained access to divorce on the same grounds as their husbands, namely adultery. However, this also meant that couples wishing to divorce could only do so by proving adultery.

The legal reformist A P Herbert wrote a satirical novel “Holy Deadlock” in which a fictitious solicitor advises his client on how to hire a “well trained expert” to help stage a scene of adultery.

“As a rule, the gentleman takes the lady to a hotel - Brighton or some such place – enters her in the book as his wife – shares a room with her, and sends the bill to his wife. The wife’s agents cause inquiries to be made, and eventually they find the chambermaid who brought the guilty couple their morning tea. A single night used to be sufficient, but the President has been tightening things up, and we generally advise a good long week-end to-day.”

 

Why LGFL Ltd supports no fault divorce

A no fault divorce would remove the need for blame, and recognise that in many cases, there is no blame. The relationship simply breaks down, and two people who once wanted to be together no longer wish to be. No fault divorce would allow them to separate with dignity, and minimise the emotional impact on their children. It doesn’t make divorce easier, but it does make it, as Resolution say, more civilised.

Call us to make an appointment to discuss your situation, and your best way forward.

A new consultation announced by Justice Secretary David Gauke into no-fault divorce is very welcome news for LGFL Ltd Director Rita Gupta.

It seems so strange to many divorcing couples who walk into our offices that in an age of democracy and equality in marriage, there is still a need for grounds for divorce based in laying the blame on one spouse. It doesn’t sit with the principles of Resolution we ascribe to. The Justice Secretary’s consultation will, according to Family Law Week, “Call for the existing fault-based system of establishing marriage breakdown to be abolished.” It can’t come soon enough in my view.

The five facts for divorce

Under the current legislation in England and Wales, The Matrimonial Causes Act 1973, grounds for a divorce must be based on one of five key facts:

• Adultery
• Unreasonable behaviour
• Desertion (for a period of at least two years)
• Separation for a period of at least two years, in the case of an agreed divorce
• Separation, for a period of at least five years, in the case of an contested divorce

In Scotland, couples without children of the marriage under 16 can divorce more quickly if they can prove that their marriage has broken down through:

• One year's separation with consent of both partners
• Two years separation without consent

Welcoming the consultation

Former chairman of Resolution and long-time campaigner for divorce reform, Nigel Shepherd, welcomed the news:

“The government appears to have heeded our calls to make our divorce system fit for the modern age, and we will continue to push for this much-needed, overdue reform to be implemented as soon as possible.”

It’s been a long campaign too. The Law Commission first recommended a system of no-fault divorce back in 1990. It was to be introduced in a 1996 Act of Parliament, but the requirement for spouses to attend so-called information meetings was feared to be unworkable.

Consultation to legislation

It’s important to stress that this is a consultation at this stage, but it’s a strong indication of the intent for change within the government and Ministry of Justice. As Christina Blacklaws, president of the Law Society said to The Guardian newspaper:

“It’s time to bring this law into the 21st century to reflect the society we live in and we look forward to working with government to ensure the reforms are fit for purpose.”

 

Divorce with less stress

At LGFL Ltd, we take a practical and pragmatic approach to divorce. Our principal aim is to achieve the best divorce process and financial settlement for our clients, whilst always putting the interests of their children first and foremost. Divorce is stressful enough without the legal paperwork and jargon adding to it. So we keep our clients informed, explaining each stage of the process and keeping the process moving forward.

If your marriage is irrecoverably broken down and you wish to discuss the option of divorce, call us. We offer a no-obligation 30-minute consultation to qualified clients at our discreet countryside offices, or in central Reading, Berkshire.

Director Rita Gupta gives her insight into this long-running battle for a woman to divorce her husband.

Tini Owens has been married to her husband Hugh for 40 years. She describes it as a ‘loveless’ marriage, and wants a divorce. The children have grown up and long since left home, and the couple slept apart for years until Mrs Owens moved out in 2015. She says that their relationship has broken down and she wants to move on.

So what’s the problem?

Mr Owens (aged 80) will not agree to the divorce. Simple as that. As a result, Mrs Owens (aged 68) has been through three major court appeals. Finally this month, the Supreme Court ruled that she must stay married to her husband.

The Supreme Court says no

In July 2018, the Supreme Court ruled that, in law, Mrs Owens has no grounds for divorce. So, reluctantly as it turns out, they have to rule that she must remain married to Mr Owens. The judges clearly were not happy with this outcome, but needed to stick to the letter of the law. The UK’s most senior lady judge, Lady Hale, said:

“I have found this case very troubling. It is not for us to change the law laid down by Parliament - our role is only to interpret and apply the law.”

 

The case for no-fault divorce

At LGFL Ltd, we have long advocated a simple solution to this and so many other unnecessarily complex divorce cases - no fault divorce. Neither spouse would have to find or prove fault in order to be granted a divorce. It does seem bizarre that Mr Owens can restrict his wife’s life so such as degree by a simple refusal, yet this is not seen as coercive or controlling behavior. i.e. putting him at ‘fault’.

No-fault divorce legislation would allow divorce to be granted without the stress, hurt and anguish that having to prove ‘fault’ entails, or waiting a minimum period when parties simply want to move on. As Nigel Shepherd, former chair of Resolution said:

“Our current laws can often create unnecessary conflict in divorce – forcing couples to blame each other when there is no real need, other than a legal requirement, to do so.”

Instead, Mrs Owens could be finally free from her husband and live her life, rather than remaining shackled to his life.

Divorce on demand

No-fault divorce legislation would not, in our view, lead to the ‘divorce on demand’ scenario that some of the tabloids seem to think will bring society to its knees. Instead, no-fault divorce would offer a fair, civilised and considerate solution to an antiquated divorce system that is overdue for reform for our changing 21st century society.

LGFL Director Rita Gupta firmly believes that ‘sometimes things just don’t work out’ or people ‘grow apart’. In these cases, often when the parties have good relations, the law is unhelpful. Grounds such as ‘irreconcilable differences’ do not apply in England as they do in Australia or America, and this is something we should be moving towards.

In the meantime, Mrs Owens will remain married to Mr Owens until 2020. At that point, the couple will have been ‘officially’ separated for five years, and her petition for divorce can be granted without Mr Owens’ permission.

It seems extremely unfortunate that one woman’s deep unhappiness and her attempts to extract herself from that scenario ultimately are restricted by outdated legislation and a high profile media case.

If you are in an unhappy marriage, and are unsure as to whether you have sufficient ground to divorce please contact us. We offer a free 30 minute consultation to discuss your situation, either in central Reading, at our offices, or via Skype.