On 6th April 2022 the Divorce, Dissolution and Seperation Act, passed by Parliament in June 2020, came into force, making the most dramatic changes to divorce law in England & Wales in fifty years. This has been widely referred to as "no fault" divorce.

Under the new law, all that will be needed is for one or both parties to make a statement that the marriage has broken down irretrievably. Assuming all procedural requirements are met, the court must then grant the divorce.

Spousal maintenance will often be ordered if one party needs ongoing financial support to meet their living costs, and the other can afford to provide it. Maintenance can be ordered for a fixed duration, for example to give time for one party to retrain and find work, or for life, and the appropriate duration depends on the circumstances. Where affordable, maintenance can be “capitalised” and paid as a lump sum to achieve a “clean break”, meaning there will be no ongoing financial connection between the parties.

Child maintenance is separate from spousal maintenance and is calculated based on the paying parent’s income. 

When parents separate, they need to agree arrangements for their children, including as to where the children will live and their time with each parent, as well as matters such as education and holidays. The guiding principle should always be the children’s best interests. 
Every family situation is unique, and there is no presumption as to how much time a child should spend with each of their parents. Whilst there is no need to formalise arrangements where they are agreed, many parents find it helpful to have a written “parenting plan” for clarity. If agreement cannot be reached, the court can be asked to make a decision.

The court has a wide discretion when making financial orders on divorce and will seek to produce a fair outcome based on all the circumstances. As a starting point, assets built up during the marriage (“marital assets”) may be divided equally unless there is a good reason to depart from equality, and “non-marital assets”, including gifts, inheritances, and wealth generated before or after the marriage may not be shared. However, ensuring both parties’ needs are met is an overriding factor, and will be determinative in many cases. 

Yes. Solicitors cannot act for two clients whose interests are in conflict, or potentially in conflict. However, where you have a common interest in reaching a fair solution without going to court, there maybe no conflict, meaning we are permitted to advise you both. Both of you will need to agree to one lawyer acting for you both and we will need to be satisfied that it is reasonable for us to act for you both.

The fact that you may initially have different ideas about what you would like to achieve does not amount to conflict so long as you are both willing to negotiate.  

No, in fact only a small minority of cases are decided by the court. There are many ways to reach financial settlement, including through solicitor-led negotiations, mediation and arbitration. 
The same legal principles apply whichever process is used, and all require both parties to make full financial disclosure. The majority of our cases settle out of court, and we have the skills and experience to deal with all aspects your case, whichever process is chosen.

Once it is clear that it will not be possible for agreement to be reached, a conflict will have arisen meaning that a single lawyer can no longer act for you both. At that point we would inform you both of other options for taking your matter forward such as solicitors’ negotiations, hybrid mediation (where a mediator who may hold confidences shuttles between you), or arbitration (where an expert third party will make a decision for you). Court proceedings will usually be a last resort.