The new “No-Fault Divorce” law came into effect in April this year very shortly followed by a surge of applications.  There is no longer any requirement to provide the court with a reason for the marriage breakdown and therefore no need for either party to blame the other.  The law was introduced with the hope of reducing stress and conflict by allowing couples to divorce solely on the basis that the marriage has broken down

It is important to understand however that being divorced does not end a couple’s financial ties to one another and this can only be achieved by the court making an order for financial arrangements.   Arrangements for any children of the family will also need to be considered.

Early and serious consideration must be given to:

• Establishing the extent of all financial assets  -making sure that you are fully informed and advised before entering into any agreement.
• Legal ownership of your family home and other assets  – whether any immediate steps need to be taken to protect your interest.
• Ensuring that key assets are not overlooked.  A pension, yours or your spouses, could be worth more than your family home and even with full disclosure of assets this is a potentially complex area requiring expert help.
• Joint bank accounts – joint accounts simply give joint access to your funds, they do not safeguard your half and the bank are not required to restrict either account holder to only half the money in the account.
• Child maintenance  –regardless of where the child resides, both parents are responsible for the cost of raising a child until the age of 16 or older if in further education.
• Arrangements for children – where the children will live and how much time they will spend with each parent.  How you will decide matters moving forwards in relation to important issues such as education.

The introduction of ‘no fault’ divorce does not make ending a marriage straightforward, there is still a process to be followed and it can often be a complex and emotional journey.  KBL’s family law team pride themselves in providing support and peace of mind whilst achieving the best possible outcomes.  We will listen, advise and remain by your side until you have reached a final resolution.

If you would like to talk to us about separation, divorce, maintenance, arrangements for children please contact Jane Davison at jdavison@kbl.co.uk or on 01204 527777 or 01254 268790.

Jane is an accredited family law specialist of Resolution, an organisation committed to promoting a constructive approach to family issues that considers the needs of the whole family.