January – The Month of New Beginnings
The festive season, often portrayed as a time of joy, can be fraught with stress for many couples. Financial pressures, heightened expectations, and the intensity of prolonged family time can place already fragile relationships under additional strain.
As a result, January has earned a reputation as “divorce month” because of the surge in enquiries about separation and divorce.
But divorce doesn’t have to be difficult: that’s the message from family lawyers who are working with couples navigating the process of separation. The Divorce, Dissolution and Separation Act - which introduced ‘no fault’ divorce - came into force in April 2022 with the aim of reducing conflict and promoting amicable resolutions. It introduced significant reforms to the process with the aim of stopping the blame game and encouraging cooperation, particularly in reaching a financial settlement.
Under the new rules, ‘fault’ grounds such as adultery or unreasonable behaviour have been replaced with a simpler application process. At Wolferstans, we think this change has had a positive impact. By eliminating the need for one party to attribute blame, the starting point for couples can be steered more towards a focus on practical solutions rather than emotional disputes. Achieving this mindset and approach can make a huge difference, particularly when there are children or shared finances to consider.
But the process is not without its challenges. Divorce now takes a minimum of 26 weeks, a timeframe that can extend significantly when financial arrangements are contested. For many, the process can still feel daunting and the importance of seeking professional advice should not be overlooked.
“Even in amicable cases, having legal guidance ensures that financial settlements are fair and protect the interests of both parties and safeguard the future for any children. Getting legal advice early can also prevent disputes from escalating later.”
Statistics show that nearly 40% of divorcing couples still go through the divorce process without legal representation. While it might seem like a cost-saving measure, this can lead to unfair outcomes and prolonged disputes.
“For those struggling with the emotional strain of separation, investing in professional support should not be underestimated. It’s not just about understanding your rights but also having someone to speak up for you, which can significantly reduce stress and help you to reach a fair agreement more quickly.”
A crucial, yet sometimes overlooked, aspect of the process is ensuring financial agreements are formalised through a legally binding consent order before the divorce is finalised, which requires a separate legal process to the divorce itself. This involves a lawyer drawing up an agreement about how financial assets will be divided between you. It can include arrangements for property, savings, investments, pensions, and ongoing financial support such as maintenance payments.
Once submitted to the court and approved by a judge, the consent order becomes legally binding. Whilst it is great if you can reach an agreement together, but it’s vital to have this formalised in a consent order as verbal or informal agreements carry no legal weight.
“Without a financial consent order in place, there is no legal closure to financial claims between a divorcing couple. This means that even years after a divorce, one party could potentially bring a financial claim against the other. The process for the consent order also helps ensure fairness in the arrangements as the judge will check it is fair to both parties before granting the order.”
As the festive season concludes, January may bring difficult decisions for many couples. However, with the right support and a focus on cooperation, the journey through divorce doesn’t have to be contentious. At Wolferstans, we recognise that our clients need support to navigate the legal process and we are here to help to find a way forward to achieve the best possible outcome for you and your family. To find out more about how we can help, visit our website or call our new client team on 01752 292201.
This is not legal advice; it is intended to provide information of general interest about current legal issues.