The divorce process appears to have become more amicable since reforms removing the requirement to assign blame were introduced a year ago, family lawyers have told the Gazette.
The Divorce, Dissolution and Separation Act came into force on 6 April last year, removing the need for couples to assign blame for the breakdown of their marriage and allowing either or both parties to apply to the court for an order that the marriage has broken down irretrievably.
The change in the law was the culmination of years of campaigning. A year on, the Gazette spoke to family lawyers to see how well the reforms have been working.
Jo Edwards, partner and head of family at Forsters, said: ‘In terms of process, it’s very much more straightforward for lay parties to make their own application online – though this is not to be confused with “easy” or “quickie” divorce. People still reflect long and hard before making the decision to divorce and save for one or two “blips” the online portal has worked well.
‘In terms of practicality, because the “heat” is removed from divorce at the outset it has meant that discussions about children or money issues now start on a much more positive footing and it’s easier to persuade clients not to issue a court application, especially important in light of the government’s recently launched consultation about ways to divert more private law family cases away from court.’
HM Courts & Tribunals Service received 3,000 divorce applications in the week following the introduction of the reforms – a 50% rise on the weekly average.
However, Peter Burgess, partner at Burgess Mee Family Law, said the April spike was likely driven by couples waiting to take advantage of no-fault provisions.
After some ‘technical hiccups’, Tony Roe, solicitor and family law arbitrator at Dexter Montague Solicitors, found the new system ‘smoother, easier and with a lot less pain’ for the parties than the previous fault-based regime.
Now that parties no longer need to assign blame, Clizia Motterle, a senior associate at RWK Goodman, said the divorce application ‘is generally a less emotionally charged step with clients able to focus on the future, rather than on what went wrong in their relationship, and look at addressing the financial settlement and/or arrangement for their children in a more constructive and amicable way’.
Stacey St Clair, a partner at Debenhams Ottaway, has spent ‘far less time’ discussing the particulars for the divorce with clients and other solicitors, which has reduced hostility. ‘This means the clients save legal costs and also start the matrimonial process of resolving the finances on a more positive and constructive footing,’ she added.
According to government statistics, 22% of the 89,123 divorce applications under the new law were made by joint parties.
Lisa Collins, a partner at Birkett Long, said joint applications have helped ensure couples are on an equal footing when starting proceedings.
However Roe, who encourages parties to file for divorce jointly, is surprised to see low take-up for the joint approach and suggested a reduced fee for joint applications could help.
While family lawyers have broadly welcomed the reforms, concerns remain.
St Clair said: ‘The risks for couples embarking on a “DIY divorce” without taking any professional advice remains a key concern of the new system. Unfortunately, I do not see a solution to the risks of “DIY divorce” but we can advise our own clients on the risks of proceeding without legal advice and the more we talk about these risks, the more we will raise awareness. We can also aim to use the lengthy timescale of 26 weeks to agree a financial settlement.’
Edwards said: ‘Given the ease of the online divorce process and the huge swathes of unrepresented parties 10 years after LASPO, many people may be divorcing ignorant of their financial rights and therefore bringing no claims. It is high time that the government looked at some targeted financial support for initial legal advice, to bring down family court case numbers and ensure people are able to pursue financial claims/time with their children.’
Looking ahead, the Law Commission has begun work reviewing the laws governing finance on divorce – however, family lawyers will have to wait at least another two years before they see any potential reforms.
