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We have specialists in many areas of legal practice. Make an enquiry today: 0330 333 2613

No-Fault Divorce

On 6^th April 2022, the new law on no-fault divorce will come into effect. The implementation of no-fault divorce brings about a significant change to the current divorce legislation – an area of law that hasn’t been altered in nearly 50 years.

What is the current divorce law?

Under the current divorce law, one spouse (the Petitioner) must issue Divorce Proceedings against the other by proving that the marriage has irretrievably broken down. As it stands, the Petitions must use one of the 5 below reasons:

Adultery
Desertion
Separation for at least 2 years’ with consent
Separation for at least 5 years’ without consent
Unreasonable behaviour

What is no-fault divorce?

One of the main elements of the no-fault divorce law is to remove blame or fault from the divorce process. Couples will now be able to mutually cite ‘irretrievable breakdown’ as the reason for their divorce.

Another element of this new law means that people will no longer need to worry about their partner contesting the divorce and forcing them to go to Court, thus saving considerable time, money and stress.

How will this change things?

The introduction of the no-fault divorce law has been long awaited by many solicitors across the country and will subsequently result in many changes to the divorce process, such as:

Changes to divorce terminology: The language used to stipulate the stages of divorce are to be updated:
‘Decree Nisi’ will change to ‘Conditional Order’
‘Decree Absolute’ will change to ‘Final Order’
The term ‘Petitioner’ (the individual submitting the application) will change to the ‘Applicant’
Timeframes: To eliminate concerns that the changes to the law will be a quicker option, a minimum timeframe of 20 weeks is to be introduced between the application and the Conditional Order.
It will no longer be possible to contest a divorce: Under the current system, when one person submits a divorce petition, their spouse can contest it. The new law will remove this option.
Couples can jointly apply for a divorce: Where the divorce is amicable, couples may jointly make an application without the requirement of having to place blame on the other party.

Will this new law provide support for victims of domestic violence?

In the past, domestic abusers have taken advantage of the current divorce laws and contested applications for divorce, demonstrating their coercive and controlling behaviour. With no-fault divorce, an application cannot be contested which aims to benefit victims of domestic abuse.

How we can help

At Elliot Mather we have a dedicated Family Department who support the no-fault divorce legislation. We are committed to resolving all issues relating to your case, as swiftly and with as little confrontation as possible. This is an approach that will help limit the damage to you and your family, emotionally and financially.

The level of help you would like from us is entirely up to you. For further information, please contact us.

Legal Aid

Our team take the time to understand the distressing circumstances our clients are in, however, the worry of legal costs can be an added pressure. If you are eligible, Legal Aid makes it possible for you to access legal services, funded by the government, if you do not have sufficient financial means.

Elliot Mather is an approved legal aid firm and will be able to advise you according to your particular circumstances.

Location

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield, and Derby.

How to get in contact

Our expert Family Law team are here to take the worry off your hands. We provide an initial telephone options appointment to discuss funding for your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

Family

Julie Skill

LLP Member and Head of Department

Specialism's

Julie has practised family law since 1989 and she is Head of Family Law based at Elliot Mather’s Chesterfield office.

Her interest in family law originated from 5 years working as a court clerk for Chesterfield County Court. Julie initially joined the firm as a paralegal before becoming a Member of the Institute of Legal Executives in 1994 and later qualifying as a solicitor.

Julie is also an accredited family mediator.

Julie advises on pre-nuptial agreements and if the worst happens and a relationship does fail, she handles all aspects of that relationship breakdown including issues relating to children, finances and domestic abuse in an efficient and practical manner.

A large proportion of Julie's workload comes from personal recommendations.

Areas of interest and experience

Drafting thorough and comprehensive pre-nuptial or cohabitation agreements to provide for the unfortunate breakdown of relationships
Acting for the husband or the wife in the breakdown of a marriage or civil partnership to agree an acceptable solution to issues of a financial nature including lump sums, property adjustment orders, pension sharing and attachment orders as well as maintenance (both for a spouse and children)
Advising company directors, or their spouse, on the financial settlements – which are usually complicated by the requirement for a valuation of the business or director’s shareholding and pension rights
Divorce or relationship breakdown, where there is substantial property holdings – often including properties overseas.
Advising on the treatment of inherited assets in divorce, particularly in farming families where a farm may be jointly owned with siblings
Supporting clients in situations of domestic violence
Advising parents regarding arrangements for their children including where the children should live and how much time they should spend with the other parent.
Advising parents where either they or their former partner want to take children to live either outside or England and Wales or elsewhere in the UK.

Professional memberships & pro bono

Julie is a Resolution accredited specialist solicitor in the areas of financial provision, private law children work and domestic abuse and an accredited family mediator. Resolution (www.resolution.org.uk) campaigns for the improvement of family law and the family justice system and is committed to developing and promoting the highest standards of practice.

Julie is listed as a Leading Lawyer by Wiselaw