At Pickering & Butters, we recognise the emotional complexity and sensitivity that accompanies the dissolution of a marriage.
Our specialised team of legal experts is committed to guiding clients through the divorce process, ensuring a smooth and amicable transition.
In April 2022, the process of getting a divorce changed with the introduction of ‘no-fault’ divorce.
The Divorce, Dissolution and Separation Act 2020 outlined the changes, enabling couples to terminate their marriage or civil partnership without assigning blame to either party for the irretrievable breakdown of the relationship.
Among the key changes was the elimination of the facts required to prove the irretrievable breakdown of the relationship which were as follows::
- Unreasonable behaviour - This encompassed a wide range of issues from lack of intimacy to domestic abuse. There was no exhaustive list defining unreasonable behaviour.
- Adultery - Limited to opposite-sex marriages and civil partnerships, as same-sex infidelity was considered as unreasonable behaviour instead.
- Desertion for a minimum of 2 years within the last 2.5 years.
- Separation for a minimum of 2 years - This required mutual agreement from both parties for the divorce to be granted.
- Separation for a minimum of 5 years - In this case, the petitioner could proceed without the respondent's approval.
Although couples are no longer required to assign blame to one party, the termination of a personal relationship can still trigger various emotional challenges, family disruptions, financial adjustments, and legal proceedings.
At Pickering and Butters, our expert Family Law team are dedicated to helping you resolve and settle issues outside the court system whenever possible.
However, if your circumstances necessitate court involvement, we have the expertise and strategy to proceed with litigation.
Specialised knowledge & experience make all the difference
Our solicitors can advise you on the following:
- Divorce proceedings
- Civil partnership dissolution
- Financial settlements on divorce
- Arrangements for children
Get expert help from our no-fault divorce solicitors
For tailored legal advice on divorce and civil partnership dissolution, please contact our Staffordshire solicitors in Stafford and Rugeley.
Call us today on 01785 603060 and 01889 803080.
Our no-fault divorce services
Divorce proceedings
Our solicitors play a crucial role in divorce proceedings by offering legal guidance and representation.
We can assist in navigating the no-fault divorce procedure, ensuring compliance with relevant laws, and helping to negotiate fair settlements.
Our solicitors provide objective advice on financial settlements, property division, and child contact arrangements, striving to protect our clients' interests. We can handle paperwork, correspond with the other party's legal representatives, and represent our clients in court if necessary.
Our solicitors offer emotional support, helping clients manage the stress and uncertainties associated with divorce, ultimately striving to achieve a resolution that is equitable and in our client's best interest.
Civil partnership dissolution
Our solicitors offer vital assistance in civil partnership dissolution cases by providing expert legal guidance and representation.
We help navigate the intricate legal procedures involved, ensuring compliance with the law and aiding in the negotiation of fair settlements.
Our solicitors offer objective advice on financial and property matters, as well as arrangements concerning children.
We handle documentation, correspond with the other party's legal representatives, and can represent our clients in court if needed.
We also provide emotional support, assisting our clients in managing the emotional strain associated with the dissolution, with the ultimate goal of achieving a resolution that is fair and satisfactory for our clients.
Divorce financial settlements
Our solicitors play a critical role in financial settlements on divorce, providing expert advice and representation.
We help assess the value of assets, including properties, businesses, and investments, ensuring an equitable distribution.
Our solicitors aid in negotiating settlements, considering factors like earning capacity, financial needs, and standard of living.
We guide clients through complex financial disclosure requirements, draft legally binding agreements, and provide representation in court if disputes arise.
Our expertise in financial matters and familiarity with legal precedents help safeguard our client's interests, ensuring a fair and comprehensive resolution to financial matters within the context of the divorce.
Arrangements for children
Our solicitors provide invaluable assistance in matters concerning arrangements for children during and after divorce or separation. We offer expert guidance, helping parents understand their legal rights and responsibilities.
Our solicitors assist in negotiating child residence and contact rights, and child support, prioritising the child's best interests. We facilitate amicable discussions between parties, striving to reach agreements outside of court.
If necessary, we represent clients in family court, advocating for favourable arrangements. We offer emotional support and access to mediation services, aiming to minimise the emotional impact on your children while ensuring their well-being and stability in the new family dynamic.
No fault divorce – key things to know
Can you contest a no-fault divorce?
It's generally not possible to contest a no-fault divorce application, as the process is designed to allow either party to dissolve the marriage without placing blame.
However, it is possible to contest specific issues related to the divorce, such as financial settlements or arrangements for children. Disagreements may arise regarding the division of assets or disputes over child arrangements, which can be addressed through legal channels.
While contesting the divorce itself is not typically feasible, seeking legal advice and representation can help safeguard one's interests in matters related to the no-fault divorce process.
Do both parties have to agree to a no-fault divorce?
Both parties do not need to agree to a no-fault divorce. The current law allows for a divorce to proceed without mutual consent, enabling one spouse to petition for divorce without having to prove fault.
The process can continue even if the other party disagrees or wishes to remain married. However, the non-petitioning party has the right to respond to the divorce petition, particularly in matters concerning financial settlements or child arrangements.
While consent for the divorce itself is not necessary, legal representation is advisable to navigate the complexities that may arise during the proceedings.
Get in touch with our no-fault divorce solicitors
For tailored legal advice on divorce & civil partnership dissolution, please contact our Staffordshire solicitors in Stafford and Rugeley.
Call us today on 01785 603060 and 01889 803080.
