Dividing debt in divorce: what you need to know
When a couple gets divorced, there is often an amount of debt in either or both of their names that needs to be sorted out
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After years of rallying and debate the Divorce Dissolution and Separation Act (DDSA) received Royal Assent and the law governing divorce was reformed after having been in existence for nearly 50 Years. The new regime came into force on 6th April 2021. The New Regime means that it is now possible to have one lawyer deal with an agreed divorce
Shortlands is a boutique family law firm with over 20 years of experience in dealing with the trials and tribulations of a divorce and all family law matters. As a result, we have become the first choice of family law specialists in London.
We are yet to receive an outline of the procedure. Currently, a non-contested divorce takes six months to conclude.
The no-fault divorce process means that many outdated laws will be bought into the 21st century. The case of Owen –v- Owen (2018) highlighted how out of touch the current divorce law is with current society.
The Act promoting no-fault divorce was passed in June 2020, and the government is working on making it law.
The new legislation will:
1. Replace the five facts with a new requirement to provide a statement of irretrievable breakdown of the marriage
2. Remove the possibility of contesting the divorce
3. Introduce an option for a joint application
4. Make sure the language used is in plain English; for example, “Decree Nisi” will be called “Conditional Oder” and “Decree Absolute” called a “Final Order”.
5. These changes will also apply to the dissolution of Civil Partnerships.
It is hoped that the introduction of the no-fault divorce process will reduce conflict and animosity, allowing couples to focus on the important issues of children, property and finances.
The new no-fault divorce procedure will also take away the misconception that by apportioning “fault”, there will be an advantage in terms of the financial settlement. It is very rare for the court to use one party’s conduct to the advantage of the other in a financial case.
Contrary to the thoughts of some campaigners objecting to the implementation of the no-fault divorce procedure, the new procedure is highly unlikely to result in an increase in couples’ divorcing. In fact, it will make the process cheaper and less stressful.
Our professional and highly experienced team of family lawyers can assist you in your legal matters with full respect, ensuring you maintain a private family life. For more extensive advice and information, please email info@shortlands.co.uk or call us 02076299905 or book an initial online consultation.
You need to have been married for at least one year before applying for a divorce. If your marriage breaks down before you’ve been married for a year, you can choose to wait until the end of the first calendar year by separating.
No. You can get divorced in the UK even if you married abroad. The only requirements are that you or your spouse have lived in the UK for at least a year, or both of you are UK domiciled. Most overseas marriages and civil partnerships can be divorced in the UK, so you don’t need to return to the country where you married.
No. Being separated for two years does not automatically dissolve your marriage. You (or your spouse) must apply for a divorce through the court. The same procedure has to be followed before divorce is granted.
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In order to file a divorce in the UK, you require a divorce application form (divorce petition), your original marriage certificate (with a translation if it is not in English).
A divorce in the UK can take approximately 5 to 6 months, but it can take longer if there are disagreements or any complex issues.
You are still able to divorce by showing the court that you have made attempts to locate them. The facts of 2 years’ separation with consent or adultery should not be relied upon in this instance.
When a couple gets divorced, there is often an amount of debt in either or both of their names that needs to be sorted out
One of the most anxiety-inducing repercussions of a split or divorce when you have children with your former partner is what happens when your ex-spouse
One of the things that couples who have newly split up must consider very seriously is the financial effects of living on one income after
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