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How Lawyers Deal With the No-Fault Divorce in the UK?
Posted: Jan 29, 2021
When a marriage breaks down, it is already a stressful period for the couple. On top of that, they have to prove that their marriage is irretrievably broken. This can be quite difficult and requires a lengthy procedure. However, recently, after the Tini Owens case, the new Divorce, Dissolution, and Separation Act 2020 was enacted on 25th June 2020 which is an amendment for the Matrimonial clauses act.
Under this law, which is to be enacted in mid-2021, the couples no longer have to go through the process of proving their broken marriage. Unlike before, when couples had to prove any of the grounds namely: Adultery, physical or mental torture, criminal conviction, physical inability or desertion, couples can now proceed for divorce without the need to raise those grounds. This is a fairly new concept in the UK so we will see how the lawyers can deal with the no-fault divorce in the UK.
How Will the Lawyers Deal with The No-Fault Divorce?Since the new process does not require the couple to raise any of the previous arguments, this means that they can essentially avoid trial and arguments. While the role of lawyers role will be greatly reduced, but they will still have a role to play
Advice on FinanceYou are going to need a lawyer to advise you on financial liabilities. A fiscal lawyer can advise you on things like how the finances will be divided after the divorce or how the assets will be distributed. He can advise on the distribution of pensions, investments, and savings. He can help in splitting these assets and can tell you whether or not you will have to pay maintenance.
As it is still a matter falling under the ambits of the law, lawyers will help in preparing all the necessary documentation. For example, he may help in creating wills or other financial or legally binding documents on which the parties may agree. Documents like probates or letters of administration are some examples.
Settling Entitlements IssuesIf there is a disagreement regarding the questions of entitlement, your family solicitor can advise you on how to take that to court for further proceedings. In such cases, a lawyer will be required to represent you in court.
Executing Court OrderAll the formalities and execution of documents are carried out by legal practitioners. Lawyers are required to implement the order passed by the court.
Child CareParents who are about to divorce and are in dispute regarding the custody of the child or how the child will be taken care of must refer to professional advice. Lawyers will help the parents to reach a sound agreement regarding child care. If there is no settlement, they can take the matter to the court.
The Bottom LineThe only change that the parliament made in the law is that it has removed the requirements of contesting a divorce. The rest remains the same. Although it has reduced the total time to around 6 months, the role of lawyers is still relevant in such cases. If you want to file a divorce you can check here for family law solicitors near me.
My name is Phoebe Lambert and i am an experienced social media manager in Nextgen Media Ltd and guides you about social media, media management related topics. For more info: https://nayyarssolicitors.co.uk/