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Read more articles in: Blog, Family Law, Stuart Daniel

What you need to know when going through a divorce

Divorce is all too often acrimonious, but changes introduced this year can help at what is a traumatic time.

The Divorce, Dissolution and Separation Act 2020, ended the need for couples to apportion blame for the breakdown of their marriage, where previously, one spouse was forced to make accusations about the other’s conduct.

This could have included reasons such as ‘unreasonable behaviour’ or adultery, with the alternative of facing years of separation before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to part ways.

Practical decisions

Known as no-fault divorce, the legislation now helps couples focus on key practical decisions involving children or their finances and look to the future. It is particularly important that children understand that neither parent wishes them to be damaged by the breakup.

Important information for both parties

  • What happens with the family home?
  • What will alternative housing and outgoings cost?
  • What are your combined assets and how should they be divided?
  • Will you be entitled to any benefits?

Before taking the final plunge, it may be that counselling could help the relationship and if that doesn’t work you can both get on with reaching an amicable settlement. The help and support of family and friends will make this easier.

Even if you have a good relationship with your partner, conversations about your children and money can result in arguments. In some cases, communication can break down completely leaving you unable to come to a resolution.

Can mediation help?

There are cases where mediation can smooth things and the courts will expect couples to consider this before any court action.

The mediator can’t give legal advice, but they will:

  • Suggest practical steps to help you agree on important matters.
  • Not take sides and listen to both points of view.
  • Attempt to create a calm atmosphere where you can reach a mutual agreement.

It can establish:

  • Arrangements for children.
  • Child Maintenance payments and finances.
  • Temporary arrangements that can be looked at again when circumstances change.

If mediation is not the answer, then a meeting of both parties and their solicitors could thrash out any areas that cannot be agreed through negotiation.

Need help in dealing with divorce? Contact us today.

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