Navigating Family Court Proceedings During Divorce
Divorce is often a stressful and costly process. If you’re entering into it, then you’ll want at least a rough idea of how it all works, and how you can minimise both the financial outlay, and the emotional upheaval.
Understanding the No-Fault Process & Family Court Entry In 2022, following the Divorce, Dissolution and Separation Act 2020, so-called ‘no-fault’ divorces came into being. This brought to an end the need for blame to be assigned for a separation to be granted. In cases where neither party is deserving of, or willing to accept, blame, these can be a powerful way to simplify the divorce.
As part of the same act, a new twenty-week wait period between the start of proceedings and the point of application was introduced. This was intended to provide time to reconcile, or to decide, finally, that reconciliation is not possible or desired.
Financial Remedy Proceedings & Asset Division
One important function of a legal separation is to provide a legally binding division of assets. It’s essential that you’re honest and open about how much money and property you own, since concealing anything might cause you to lose more later on – or face legal sanctions. A recent Supreme Court ruling saw millionaire former banker Clive Standish avoid having to split his fortune evenly with his wife, Anna. This, it is claimed, might set a precedent for future proceedings when assets are divided, and a portion of those assets had been accrued prior to the marriage. This is a distinction between a matrimonial and non-matrimonial asset, and in some cases, it could prove crucial.
Child Arrangements, Abuse Allegations & Safeguarding
Courts in the UK have a legal obligation to protect the welfare of any children involved. This duty stems largely, from the Children Act 1989. If one party to the divorce has suffered domestic abuse at the hands of the other, then the court may enforce extra protections, that both the victim and any children involved might benefit from. Abuse claims are best handled by a competent solicitor, who can protect the victim through various legal tools.
In cases where abuse is not a factor, then the best way to arrive at an agreement that supports the welfare of the child is through mediation. By taking a collaborative approach to your separation, you can arrive at something that works for everyone involved.
Alternatives & Transparency in Family Court Cases
A growing number of divorces never arrive in a courtroom, and thus never incur the expenses associated with an adversarial process. You might sit down with your partner for mediation or arbitration, both of which offer a cheaper, less stressful way to come to an agreement – provided that both parties take the right attitude to the process.
*This is a collaborative post
