Divorce without blame from today

Divorce without blame from today

Can I have an amicabledivorce? is a question that we get asked more and more these days as familylawyers. At Wolferstans, we have seen anoticeable shift in how people wish to deal with the divorce process and thedivision of the matrimonial assets. There is much less focus on wanting toplace blame and more and more clients tell us they want to resolvetheir issues in an amicable and respectful way, putting their children at thecentre of their decisions.

Wolferstans’ Family Law teamincludes three trained collaborative lawyers; Vikki Martin, Phil Thorneycroftand Rebecca Moloney who each have extensive experience of advising in high value divorces and in cases with complex assets.

Our specialist collaborative lawyerscan offer another way to resolve financial and children issues following aseparation. The Collaborative law process aims to allow clients to resolvematters concerning family breakdown and separation away from the court process.Both parties have their own collaboratively trained solicitors,and the parties and solicitors meet at a round table meeting to discussand agree a way forward to resolve any issues between them. This can includefinancial issues and children issues and means that the parties have morecontrol over the process and can work together to achieve the best outcome forall involved, without the need to go to court.

Today (6 April 2022) marks the biggestchange in divorce laws that many of us have seen in our lifetime, with introducing the long-awaited no fault divorce process. This means that itwill no longer be necessary for one person to blame the other for the breakdownof the marriage and that separating couples will be able to divorce by simplysaying that their marriage has irretrievably broken down. This shift, alongwith the Collaborative law process, should make it easier to achieve betteroutcomes for all concerned when a relationship ends.   

There will also no longer be an option to contest or defend the divorce,meaning we will no longer see examples of clients being trapped by theirpartner contesting the divorce. The option for one party to claim the costs ofthe divorce from the other will also be removed in the new process, but thisdoes not prevent the parties negotiating on how the fees are to be paid.

Of course, in some relationshipbreakdowns no matter how reasonable one party may wish to be, the other may notbe of a similar mindset and in those cases, if an agreement cannot be negotiatedthen the court process may be the only option. At Wolferstans, our experiencedmatrimonial team are also able to advise and represent clients in thosecircumstances.

If you would like moreinformation about the new no fault divorce process or the collaborative lawprocess and how this might work for you, contact our specialist family lawyers, who canadvise you on all aspects of family law to help achieve the best outcome foryou and your family. 

Call us on 01752 292201 or click 'chat here' below to speak to one of the team now.

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