Lawyers expect surge in applications from divorcing couples when introducing a no-fault divorce in England and Wales on Wednesday.
In what has been called the biggest reform of divorce laws for 50 years of couples never have to be separated for at least two years – increased to five if one party does not give consent – or lays the blame on the legal termination of their marriage.
Last Thursday was final day for couples for divorce over existing system and the lawyers said that even before that, many were detained in expectation of in new law.
Joe Edwards head of family law at Forsters, said, “My experience And experience of cargo of of the practitioners I spoke to is that once we told people, of course over in last three to four months and in several times before this, what was this new coming law in – because we knew for in a few months it will be April 6 – usually the preference was to wait for based on no fault system.
” experience of different countries where they moved without the fault of the system in that there is spike when new law comes in – in Scotland, for for example when they changed law in 2006″.
Ed Floyd, Specialist family lawyer and partner at Farrer & Co, said: “There are many of penta-up demand. We have seen clients for number of months, which, although they agreed to part, cannot face guilt game. This [no-fault divorce] this is what has a lot of public cut through.”
latest published divorce statistics on Thursday showed that of divorce petitions in in last quarter of 2021 was down 26% on same period in 2020.
There are fears that the initial surge in cases in combination with in new technology it is necessary to carry out a divorce without guilt will put added pressure on courts, which, in Floyd’s words, have “never been more stressed because of because of Covid and budget cuts.”
However, Edwards said that in medium to longer term reform is likely reduce burden on courts because they would require less judicial review as there would be no grounds for The wife is contesting the divorce.
Stowe family law also waiting spike in room of couples seeking a divorce, although Amanda Phillips-Wildes, the firm’s managing partner, said others were rushing to get a divorce under existing system.
She suggested that the couples were motivated by “catharsis” but also because some “erroneously believe that the ability prove another party was to blame for the breakup of a marriage will have a positive effect on them financial settlement and arrangements for Any children … In reality, behavior rarely affects financial results or agreements for children”.
The lawyers tried to point out out what new law will not affect financial settlement process – which is separate – and not necessarily speed up divorce. For first time will be new minimum total time of six months for divorce.
Edwards said she supported it in principle allow time for reflection, but added: “I have some concerns about this, because in coercive controlling relationship, nothing will prevent the joint applicant from refusing to participate in the process, and then you start all over again”.
government said he would look at financial settlement process, in who judges currently have a wide freedom of action, and this also at the urging of authorities, including Family Solutions group look at ways of generally take divorcing couples out of the courts to deliver welfare of children Central stage.
“Now that a no-fault divorce is coming in I think it’s recognized in government that this can’t be the end of it,” Edwards said. “There must be other things that should look”.