Julia Fernandez Moreno Julia Fernandez Moreno

Should we share a single professional in our divorce?

More separating couples are choosing to work together with a single professional since the “no-fault” divorce law introduced in England and Wales in April 2022 opened the door to joint divorce applications.

The main driving factors for a separating couple to work together in their divorce are:

  • their wish to resolve their divorce amicably and with dignity;

  • to reduce the impact, protect and benefit the family as a whole and build a positive parenting relationship if they have children;

  • to avoid conflict by having separate lawyers; or

  • to minimise the costs.

Other factors include looking for an out-of-court solution, controlling the outcome, and seeking privacy and confidentiality.

You may be wondering whether sharing a divorce and family law professional would work for you and what the benefits are of divorcing together.

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Julia Fernandez Moreno Julia Fernandez Moreno

Will the new "no-fault" divorce law lead to more amicable divorces?

The Divorce, Dissolution and Separation Act 2020 becomes the new divorce law in England and Wales from 6 April 2022. It is the most significant reform in divorce legislation in the last 50 years. In addition to implementing a new divorce process, this new legislation removes the ability to make allegations of blame, hence being called the “no-fault” divorce law. For the first time, it allows couples to end their marriage jointly by submitting a joint application. The possibility of contesting the divorce, other than for legal reasons, has also been removed.

Most divorce experts believe that the new no-fault divorce will lead to more amicable divorces. I agree that it is a step in the right direction. The removal of fault is likely to translate into a less acrimonious start to the process. It can be the pathway to setting the right tone from the very beginning to incentivise a friendly resolution. However, is this enough for couples to achieve an amicable divorce?

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