How Divorce Law Has Changed and How Your Local Lancaster Solicitors Can Help

The ending of a marriage or civil partnership is never an easy time. Fortunately, the introduction of the new divorce law has made the process less combative in terms of children, property and finances.

Here at Holdens Law, your local Lancaster solicitors, we are here to help and guide you through the process to alleviate any stress and pressures that can take place when going through a separation. If your relationship is coming to an end, talk to our team today who can arrange an appointment to discuss next steps and provide advice to you that will help make the process smoother, fairer and less stressful for all concerned.

What has changed in divorce law?

The Divorce, Dissolution and Separation Act 2020 came into force on 6th April 2022, amending the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004. 

The biggest change in this new legislation was the removal of ‘fault-based’ concepts in divorce applications. Instead of needing to provide a reason, such as unreasonable behaviour or adultery, the new ‘no-fault’ divorce process is based solely on the irretrievable breakdown of the marriage or civil partnership.

The new legislation has simplified the language used in divorce cases. For example, the halfway stage of divorce, formally known as ‘decree nisi’, is now known as a conditional order, while the final stage, formerly known as a ‘decree absolute’, is now known as a final order. A difference in the new law is that there is now a 20 week “cooling off” period from the Application being issued until the date when a party can apply for the Conditional Order. This allows the parties time for reflection before proceeding with the Divorce.

According to official Government Family Court statistics, following the introduction of the new legislation, there were 11% fewer divorce applications made in the first three months of 2024, compared to 2023. The Office for National Statistics also reports that divorces in England and Wales were down 29.5% in 2022 compared to the previous year, representing the lowest number of divorces since 1971.

How can Holdens Law help?

As your local Lancaster solicitors, Holdens Law can offer expert advice on all areas of your divorce or dissolution of a civil partnership. Not only will our family law experts be with you every step of the way through the formal divorce proceedings, our comprehensive practice means you can also get expert advice on a range of connected issues, all under one roof, including:

• Finances – advice around sharing of assets arising from the marriage and what claim each party may have.

• Children – advice around the arrangements for the children following separation.

• Conveyancing – if you need to sell the matrimonial home, or one of you wants to buy the other out.

• Maintenance and trusts – to ensure that your children or other dependents are taken care of.

• Wills and probate – updating your wills to reflect your new circumstances.

Now that divorces can take place in a ‘no-fault’ environment, many couples are finding it easier to work together to resolve the details, rather than going to court. As the Law Society says: “No-fault divorce reduces conflict, allowing couples to focus on important issues like children, property and finances.”

Holdens Law will help you work together to find a resolution that works for you and your family, without the expense, stress and bitter recriminations often associated with a long, drawn out court battle. As your local Lancaster solicitors, You can talk to the Holdens Law team in person, in confidence, in the heart of your community.

Looking to the future

“The new ‘no-fault’ divorce law has made the whole process less combative,” agrees Holdens Law Director, Nicola Houton. “Without blame, couples are now able to focus on their future rather than dwelling on the past.

“Here at Holdens Law, we work with couples to build an agreement that works for both parties, and which ensures that children are properly provided for both now and in the future.”

If you are looking for divorce advice from local Lancaster solicitors, get in touch with Holdens Law today. With a sympathetic and straightforward approach, we will help you avoid the drama of divorce through effective communication and cooperation.