PROMOTION How will the new law affect my amicable divorce? The Divorce, Dissolution and Separation Bill is due to come into force in the autumn. Here's how it might affect you "he Bill is often referred to as a 'no fault' divorce option with no blame attributed to either partner. While it is possible to have such a divorce now, it requires a two-year wait after separation if both agree, or five if one spouse doesn't agree. The new law means a couple will be able to divorce without the wait. As family lawyers we welcome this development which will undoubtedly help to take some of the acrimony out of the divorce process. But what is the implication for couples currently deciding to end their relationship - should they press ahead or wait until later in the year? It you are considering whother a no-faut divorce is the right option for you but would like to understand how it may apply in your situation please got in touch with our specialst divorce and finance team. anahan Matge My partner and I are currently discussing divorce. Should we wait for the 'no fault' divorce so one of us doesn't have to "blame' the other? In reality few people approach divorce as a way of punishing their spouse. In general, they understand that this will not help them to collaborate or compromise over finances. Most clients accept the advice to make any allegations of unreasonable behaviour or adultery just strong enough to meet the court's requirement. However, for those who would rather not make children. Usually, the parents can agree arrangements without the need to take formal court action, so this can be put in place whenever you are ready, with a family lawyer's support if needed. Will the no-fault process be quicker or cheaper? In terms of the technical process, the answer is that we don't think so. There Do you suggest we start the financial process even if the divorce proceedings aren't underway? For many cases it would seem sensible to explore this. But timing is key. A good family lawyer will assess the timing and order in which financial information are still key legal steps to be taken so it may not be quicker. In terms of cost, the main benefit of the Bill is that by removing blame, a divorce will potentially be more palatable emotionally, meaning those involved may well be able to have a more amicable ongoing relationship. This should help them to reach a financial settlement more co-operatively and calmly. We anticipate that this will indeed lead to reduced costs, as well as facilitating an emotional saving for divorcing couples and their families, any allegations at all, we fully support choosing not to start the formal divorce proceedings until the Bill becomes law, Should we do nothing until the autumn, or can we take some steps now? The actual divorce is only one aspect of the process. While a divorce typically takes between six and eight months, collating all the financial information and negotiating a financial settlement usually takes considerably longer. You can make a head start with the financial settlement straight away, which may help to avoid delays later on as the divorce waits for the financial case to catch up. Another element with each party being confident that they of divorce is agreeing arrangements for such as income, assets, liabilities and pensions is gathered, so that when this is passed on to the other party's solicitor it is up-to-date. It's worth noting that financial information can take a long time to gather. Pension providers, for example, can sometimes be slower to respond so it makes sense to contact them earlier rather Family Law than later. Once the financial information Is exchanged negotiations can take place towards an overall financial settlement by Harfnel Chanot 01752 674999 enquiriesethefamilylawco.com understand the whole financial picture. www.thefamilylawco.co.uk PROMOTION How will the new law affect my amicable divorce? The Divorce, Dissolution and Separation Bill is due to come into force in the autumn. Here's how it might affect you "he Bill is often referred to as a 'no fault' divorce option with no blame attributed to either partner. While it is possible to have such a divorce now, it requires a two-year wait after separation if both agree, or five if one spouse doesn't agree. The new law means a couple will be able to divorce without the wait. As family lawyers we welcome this development which will undoubtedly help to take some of the acrimony out of the divorce process. But what is the implication for couples currently deciding to end their relationship - should they press ahead or wait until later in the year? It you are considering whother a no-faut divorce is the right option for you but would like to understand how it may apply in your situation please got in touch with our specialst divorce and finance team. anahan Matge My partner and I are currently discussing divorce. Should we wait for the 'no fault' divorce so one of us doesn't have to "blame' the other? In reality few people approach divorce as a way of punishing their spouse. In general, they understand that this will not help them to collaborate or compromise over finances. Most clients accept the advice to make any allegations of unreasonable behaviour or adultery just strong enough to meet the court's requirement. However, for those who would rather not make children. Usually, the parents can agree arrangements without the need to take formal court action, so this can be put in place whenever you are ready, with a family lawyer's support if needed. Will the no-fault process be quicker or cheaper? In terms of the technical process, the answer is that we don't think so. There Do you suggest we start the financial process even if the divorce proceedings aren't underway? For many cases it would seem sensible to explore this. But timing is key. A good family lawyer will assess the timing and order in which financial information are still key legal steps to be taken so it may not be quicker. In terms of cost, the main benefit of the Bill is that by removing blame, a divorce will potentially be more palatable emotionally, meaning those involved may well be able to have a more amicable ongoing relationship. This should help them to reach a financial settlement more co-operatively and calmly. We anticipate that this will indeed lead to reduced costs, as well as facilitating an emotional saving for divorcing couples and their families, any allegations at all, we fully support choosing not to start the formal divorce proceedings until the Bill becomes law, Should we do nothing until the autumn, or can we take some steps now? The actual divorce is only one aspect of the process. While a divorce typically takes between six and eight months, collating all the financial information and negotiating a financial settlement usually takes considerably longer. You can make a head start with the financial settlement straight away, which may help to avoid delays later on as the divorce waits for the financial case to catch up. Another element with each party being confident that they of divorce is agreeing arrangements for such as income, assets, liabilities and pensions is gathered, so that when this is passed on to the other party's solicitor it is up-to-date. It's worth noting that financial information can take a long time to gather. Pension providers, for example, can sometimes be slower to respond so it makes sense to contact them earlier rather Family Law than later. Once the financial information Is exchanged negotiations can take place towards an overall financial settlement by Harfnel Chanot 01752 674999 enquiriesethefamilylawco.com understand the whole financial picture. www.thefamilylawco.co.uk