The festive season can often be a stressful time for many families which can involve high expectations, financial pressure and prolonged family interactions which can cause a negative impact to fragile relationships. Moving into the New Year, January is known as ‘Divorce Month’ and a surge of new enquiries to Solicitors for separation and divorce support.
January as Divorce Month: Explained
The divorce, dissolution and Separation Act introduced ‘no fault’ divorce which came into effect in April 2022 to reduce conflict and promote amicable resolutions. The Act has implemented significant reforms aimed at eliminating the blame game and encouraging co-operation. Divorce doesn’t have to be challenging and can be handled smoothly.
Despite the new legislation, the process still has several barriers. Applying for a divorce is a lengthy process and can take a minimum of 26 weeks, which can significantly extend if financial or childcare arrangements are contested. This period can be stressful for all parties but seeking professional advice is crucial.
Do you need a Solicitor?
Current statistics indicate that nearly 40% of divorcing couples go to Court without legal representation. In the short term, this may seem cost-effective but it can lead to unwanted disputes and unfair outcomes.
A critical aspect of the process is formalising financial agreements through a legally binding consent order before finalising for the divorce. A lawyer is able to draft an agreement on dividing financial assets such as pensions, savings, and ongoing maintenance like maintenance payments. The consent order becomes legally binding once it has been approved by the judge. A financial consent order also aids as a protection for any further financial claims between former spouses in the future.
Child maintenance arrangements which ensure children’s financial needs are met can be included in a financial consent order but are often handled separately as they remain subject to modification.
Start the New Year with a fresh start by making difficult decisions and receiving support from our Family Lawyers. A key consideration is to plan ahead and consider the practicalities like asset division and child arrangements.
Please feel free to contact us on 01932 234 500 to receive expert legal advice.